➤ IDAHO, from p.13
group focused on bringing positive change for
women, girls, and LGBTQ people, and the law
fi rm Cooley LLP are also listed as attorneys for
The lawsuit alleges that the law “impermissibly
discriminates on the basis of sex and transgender
status and invades fundamental privacy
rights.” It goes on to detail the accounts of
plaintiffs, including transgender Boise State’s
Lindsay Hecox, who intends to try out for the
women’s cross country team there in the fall.
“Running on a men’s team is not an option
for Lindsay,” the suit states. “She is not a man,
and as a woman who is transgender, it would be
painful and humiliating to be forced to be the
only woman on a men’s team. It would also be
contrary to her medical treatment plan for her
gender dysphoria, which requires that she live
her life in all respects as the woman she is.”
The suit further maintains, “She is also worried
that she would face harassment from other
members of the men’s team or people who attend
Meanwhile, Lambda Legal responded to the
birth certifi cate law by focusing its efforts on
enforcing a 2018 federal court ruling that, until
now, appeared to have settled the birth certifi -
cate issue for the better.
Lambda Legal fi led a lawsuit in 2017 arguing
that preventing trans Idahoans from obtaining
accurate birth certifi cates is discriminatory
and represents a violation of the US Constitution.
In March of the following year, the US
District Court for the District of Idaho issued
a permanent injunction against offi cials in the
state, declaring that such birth certifi cate restrictions
were indeed unconstitutional and
discriminated against trans individuals. State
offi cials were ordered to allow trans people born
in Idaho to correct the gender markers on their
birth certifi cates.
Now Lambda Legal is on a mission to make
sure that ruling stands. On April 16, the litigation
group fi led a motion for clarifi cation with
the US District Court.
In a written statement, Lambda Legal counsel
Peter Renn tore into state legislators in
Idaho, calling them “so brazenly lawless” and
describing the bill as “a naked fl outing of the
rule of law.”
“Two years ago, the court determined that
the state’s ban against transgender people correcting
their birth certifi cates was dangerous,
discriminatory, and indefensible,” Renn said.
“That is why the court permanently barred
Idaho from automatically turning away transgender
people seeking birth certifi cates that
match their gender identity. Permanent means
Challenging the Legislature’s defi ant stance,
he continued, “The rule of law collapses if we
refuse to abide by the outcome of who wins and
who loses in our system of justice.”
➤ CENSUS 2020, from p.14
and was delighted to fi nd that the confi dentiality
protections have been upheld and
strengthened by the courts. Yet, even in light
of the strict penalties for those who violate the
protections, I am still concerned.
NQAPIA is monitoring the Census to keep
our community safe. We have lawyers ready
to sue if there are breaches and who are
available to answer questions. You can report
problem to us at http://bit.ly/2ULyiLy
The way I see it, getting LGBTQ people to
participate in the Census is ultimately about
The data collected inherently under-represents
the multiplicity of our identities. It can
feel reductive and often dehumanizing, but it
is necessary because of the very real implications
for how the government will allocate
resources and representation. The Census
holds a lasting impact. To be missed is to be
gone for the next 10 years.
Let’s be counted.
Glenn D. Magpantay is executive director of the
National Queer Asian Pacifi c Islander Alliance.
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