BOISE, Idaho — This article originally appeared in the Idaho Press.
A House committee voted to approve a bill defining “male” and “female” in Idaho code as well as stating there are only two genders on Wednesday after a little over an hour of testimony against it.
House State Affairs members voted on party lines to send HB 421 to the full House with little discussion.
Rep. Julianne Young, R-Blackfoot, said she felt the definitions, which tie the definitions of male and female to reproductive functions, are needed because the ideas around what they mean are changing.
“These are words that we have used in statute for decades based on a presumption that everybody understands what they mean,” Young said.
The bill states, “In no case is an individual’s sex determined by stipulation or self identification.”
Several transgender Idaho residents spoke in opposition to the bill, arguing that it seeks to erase their existence and may violate their constitutional rights. No one testified in favor of the bill.
“For you, these might be words,” Nikson Mathews said, “but for us, this is our identity.”
Some testified that the bill sends a message to transgender residents that may increase depression and anxiety.
Rachael Bazzett is a therapist who said she works with many people who experience trauma related to “diverse and marginalized identities.”
“The important thing to note about the pain that I see related to gender in sessions, is that there is seldom actual distress about identity,” Bazzett said. “People know who they are ... nearly always, the challenges are related to the ways that transphobic language, systems and beliefs negatively impact their ability to happily live their lives and feel acceptance.”
Many testified that the bill could also have negative impacts on non-binary people or those who are intersex.
Others testified from legal groups, such as Legal Voice in Idaho or the ACLU of Idaho, both argued that the bill is likely unconstitutional and would be subject to lawsuits.
Rep. Bruce Skaug, R-Nampa, spoke in favor of the bill. He said he supports constitutional rights but that the definitions in the bill are “common sense” and not new.
“They’ve been with us through history,” Skaug said.
Rep. John Gannon, D-Boise, said he had concerns about the impact on intersex people, and that the bill may need more work to address those types of biological differences.
The bill states that “rare disorders of sexual development are not exceptions to the binary nature of sex.”
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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