ACLU of Idaho asks federal judge to halt law banning gender care for those in prison

Roe v. Labrador was filed on behalf of three transgender women who are hoping to maintain access to their prescribed hormone therapy, despite the passage of a law that prohibits state facilities from providing access to that care. (Getty Images)

A federal judge on Monday heard arguments about whether three transgender women in Idaho prisons could continue accessing their hormone therapy, despite House Bill 668 — which prevents state funds and facilities from offering gender-affirming care.

The lawsuit, Roe v. Labrador, was filed by the ACLU of Idaho on behalf of the three transgender women in prison who argue that the withdrawal or reduction of their prescribed medications violates the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment.

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On July 1, the Idaho Department of Correction had plans to terminate its gender-affirming care services to those in prison, until Federal judge David Nye issued a temporary restraining order earlier this month for only the plaintiffs who disclosed their names in the lawsuit. The order will remain in effect until he decides on a preliminary injunction, which would allow that the plaintiffs maintain their access to gender-affirming care for the remainder of the lawsuit.

ACLU of Idaho attorney Paul Carlos Southwick asked Nye to grant a preliminary injunction, and he asked that Nye consider those who are not named in the lawsuit by filing the case as a class action lawsuit. The purpose of a class action lawsuit is to represent a group of people who cannot all show up in court. In the hearing, Southwick said many incarcerated people have contacted the ACLU of Idaho for help about House Bill 668.

The state of Idaho, represented by attorney James Simeri, argued against all halts to the law, and argued that the ACLU of Idaho did not have enough evidence for the case to be considered a class action lawsuit.

“The state of Idaho mandates the standard of care,” Simeri said.

Monday was the first hearing for the lawsuit. Nye said he would decide at a later date whether to grant a preliminary injunction.

However, he said he would deny the ACLU of Idaho’s push for a class action lawsuit because he did not have enough evidence that there is a significant group of incarcerated people impacted by the law. The only way for more people, aside from the named plaintiffs, to receive protections for the time being would be for the ACLU of Idaho to provide all the names of incarcerated people impacted by the law, Nye said.

The next court hearing for Roe v. Labrador is scheduled for 10 a.m. Mountain time on Aug. 2 via Zoom.

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The post ACLU of Idaho asks federal judge to halt law banning gender care for those in prison appeared first on Idaho Capital Sun .