FACEBOOK/ MARY SOUZA IDAHO
daho State Senator Mary Souza is a champion of invasive physical
testing of transgender student-athletes
➤ IDAHO DISCRIMINATION, from p.23
United States constitution prohibits purposeful
discrimination, not facially neutral laws of general
applicability, such as a biology-based defi -
nition of sex that has been consistently applied
since our nation’s founding;” the bill states.
Then, without citing any evidence, the bill appears
to suggest that altering birth certifi cates
to refl ect a person’s true identity could actually
put the safety of society at risk.
“Identifi cation of biological sex on a birth certifi
cate impacts the health and safety of all individuals,”
the legislation notes. “For example, the
society for evidence based gender medicine has
declared that the confl ation of sex and gender
in health care is alarming, subjects hundreds
of thousands of individuals to the risk of unintended
medical harm, and will greatly impede
medical research.”
While it is not clear who was responsible for
crafting the specifi c language in the bill, ACLU
of Idaho policy director Kathy Griesmyer told
Gay City News in March that groups lobbying
lawmakers included the Madison Liberty Institute,
a research organization dedicated to promoting
“the founding principles of the American
Republic, free-market solutions, and ‘secure the
blessings of liberty to ourselves and posterity.’”
That mission’s reference to the “founding principles
of the American Republic” is unmistakably
similar to the bill’s language tying together
the “biology-based defi nition of sex” and “our
nation’s founding.”
Other groups that were lobbying conservative
lawmakers in the state included the Catholic
Church and, unsurprisingly, the anti-LGBTQ
legal group Alliance Defending Freedom,
Griesmyer said.
The bills, which were the subject of intense
criticism and aggressive resistance by civil
rights groups, were resting on the governor’s
desk as the coronavirus pandemic blanketed
the nation and the world. Despite the crisis, Little
made his priorities clear when he signed the
bills just weeks after he said on the record that
he was “not a big discrimination guy.”
The birth certifi cate law represents a setback
just two years after Lambda Legal fi led a lawsuit
in 2017 arguing that preventing trans people
in the state from receiving accurate birth
certifi cates amounts to discrimination and violates
the US Constitution. In March of 2018,
the US District Court for the District of Idaho
ruled that such a restrictive birth certifi cate
policy was unconstitutional and discriminated
against transgender people. In accordance with
the judge’s order, state offi cials were ordered to
allow trans people born in the state to correct
the gender markers on their birth certifi cates.
Civil rights groups are vowing to fi ght back,
noting that the birth certifi cate bill, in particular,
is clearly at odds with the 2018 federal
court injunction.
“Leaders from the business, faith, medical,
education, and athletics communities will not
forget this decision or what it says about the
governor’s priorities during a global pandemic,”
the ACLU of Idaho said in a written statement.
“The ACLU will see the governor in court. We
encourage all Idahoans to email, call, and tweet
Gov. Little to express outrage and disappointment
at wasting precious taxpayer resources on
blatantly anti-transgender bills at a time when
we should be coming together for the health
and wellbeing of our people.”
Lambda Legal offi cials, recalling their own
recent case in the state, also blasted the governor’s
decision to sign the bills into law.
“At each step of the legislative process, from
this bill’s introduction in the Idaho House,
through the Idaho Senate, and on to the governor’s
desk, policymakers were fully aware that
they were explicitly fl outing a binding federal
court order,” Lambda Legal Counsel Peter Renn
said.
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