The Republican governor approved legislation that prohibits transgender people from changing the sex listed on their birth certificates, and another that bans transgender girls and women from competing in women’s sports.
The birth certificate measure ignores a 2018 federal court ruling that a past law barring transgender people from making the birth certificate changes violated the Equal Protection Clause of the U.S. Constitution. The judge scrapped the ban and warned against new rules. The Idaho attorney general's office, which didn't appeal the ruling, said it could cost $1 million if the state had to defend the ban again and lost.
“There's an injunction that already absolutely forbids this policy, and the government can't enforce this law without violating a court order,” said Peter Renn of Lambda Legal, the law firm that represented two transgender women whose lawsuit led to the court ruling. “The ramifications of contempt (of court) are quite furious.”
He said the court could impose fines and hold top officials at the Idaho Department of Health and Welfare responsible should the court order be violated.