Penny Starr – June 5, 2020
Lawmakers in Idaho last year passed the Idaho Vital Statistics Act, which does not allow people to change the sex identification on their birth certificate just because they “identify” as something other than their biological sex.
Those who want to change their gender on their birth certificate because they are “transgender” or have some other “sexual orientation” had already been able to do so because of a 2018 ruling by federal Magistrate Judge Candy Dale, who said it was unconstitutional to deny such changes.
The Idaho State Journal reported on the judge’s latest decision:
Shortly after the bill took effect Lambda Legal, which represented the plaintiffs in the 2018 F.V. v. Barron case, filed a motion asking Dale to clarify whether her 2018 injunction still applies. She ruled on Monday that it does and that the passage of House Bill 509 doesn’t change that.
“The Court clarifies that the plain language and objective of the Order and Judgment entered in this case permanently enjoin (the Idaho Department of Health and Welfare) from infringing on the constitutional rights of transgender individuals by automatically rejecting applications to change the sex listed on their birth certificates to match their gender identity,” Dale wrote. “The Injunction requires IDHW to institute a meaningful and constitutionally-sound process for accepting, reviewing, and considering applications from transgender individuals to amend the gender listed on their birth certificates.”
The judge did not rule on the constitutionality of House Bill 509 or grant Lambda Legal’s effort to block enforcement of the law.
“While serious and formidable questions exist over the constitutionality of HB 509, whether HB 509 can pass constitutional muster is not yet before the Court and not decided here,” Dale wrote. “Likewise, whether enforcement of HB 509 violates the Injunction is not ripe.”