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Families leaving Idaho in response to Vulnerable Child Protection Act

A federal judge temporarily blocked the law before going into effect on Jan. 1, 2024 while the ACLU challenges the law's constitutionality.

BOISE, Idaho — Two Idaho families with a transgender kid under the age of 18 moved out of the state as a direct response to the Vulnerable Child Protection Act (VCPA), according to a source close to KTVB also impacted by the law.

The source, who wishes to remain anonymous, is moving out of the state in 2024 for the same reason. VCPA - also known as House Bill 71 from the 2023 Legislative Session - bans doctors from prescribing any sort of gender-transition care including hormones, puberty blockers, and surgeries.

A federal judge blocked the law from taking effect before the calendar year by way of a preliminary injunction. Delaying the law's enforcement until 2024 was partially to allow children on blockers and hormones to ween off the prescription, VCPA bill sponsor Rep. Bruce Skaug (R-Nampa) previously told KTVB.

Parents elected not to use the allotted time for that intended purpose, according to LGBTQ+ parent advocate Jen Blair. She founded Mama Dragons, an organization committed to peer-led support groups and education.

"No. Zero people. And I know dozens of trans people in the state," Blair said. "The talk in general is, 'Where can we go? What will our insurance cover if we go to Oregon?' So, it becomes this medical traveling situation."

Rep. Skaug defended his bill on the house floor during the 2023 Legislative Session before it became law. He argued children - people under 18 years old - are not mature enough to make an irreversible body-altering decision.

Gender-transition surgeries are already unavailable to minors in Idaho, according to Blair. Treatment, such as blockers and hormones, are not widely accessible either.

"You pretty much have to head to Pocatello to find a doctor who can even talk to you about hormones, or head to Boise to get care," Blair said. "I don't know a single family with trans kids in the state that doesn't have an exit plan to become a medical refugee to flee to get their kids the care that they need."

Amid the injunction, St. Luke's is offering their regular services, according to a hospital spokesperson.

"Idaho medical providers can continue to practice evidence-based medicine and provide gender-affirming care for minor patients, including prescribing puberty blockers and hormone treatments. St. Luke’s will continue to keep a close eye on further court proceedings. We will continue to be a welcoming place to all for care and practice all forms of health care within the bounds of the law," the spokesperson wrote KTVB in an email. "The scope of gender-affirming care we provide does not include surgery for minors."

Children experiencing gender dysphoria that are unable to receive treatment through blockers and hormones can fall into a deep depression, according to Blair.

"I've been to a lot of funerals for kids who couldn't take it anymore," Blair said. "So, that's the fear."

Rep. Skaug also addressed this concern a year ago at the statehouse.

"The best way to reduce suicide in children is to give them traditional talk therapy, counseling and care as they go through puberty and these confusing times in life," Rep. Skaug said.

Idaho Attorney General Raul Labrador issued a statement explaining he will appeal the injunction immediately.

"History will not look kindly at this decision," Labrador's office wrote. "The federal judiciary once endorsed the eugenics movement and forced sterilization of intellectually disabled people. Similarly, Judge Winmill's ruling places children at risk of irreversible harm."

The conclusion of the ACLU's lawsuit ultimately determines the long-term future of the VCPA. The ACLU argues the law violates the 14th amendment.

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