Trans prisoners in Idaho can get hormone therapy again after major federal court victory

Brad Little on the steps of the Idaho Capitol on August 28. Photo: Screenshot / KTVB

On Tuesday, a federal judge granted a preliminary injunction to halt an Idaho bill that would ban gender-affirming care in state prisons, allowing incarcerated transgender people in Idaho to receive hormone therapy again.

“Plaintiffs’ motion for a temporary restraining order, preliminary class certification, and preliminary injunction is hereby GRANTED. The Court certifies the protected class of all incarcerated individuals in the custody of the (Idaho Department of Corrections) who have or will have a diagnosis of gender dysphoria and are receiving or will receive hormone therapy,” wrote Judge David Nye of the U.S. District Court for the District of Idaho for Robinson vs Labrador“The Court orders the continuation of the prohibition in (HB 668) on the use of state funds to provide hormone therapy against the group while this lawsuit is pending.”

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The bill, HB 668, would have banned the use of federal funds for gender-affirming procedures, including hormones and surgeries. Republican state lawmakers on the House State Affairs Committee sponsored the bill. It was signed into law by Gov. Brad Little (R) in March of this year.

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The order only applies to the use of government funds for prisons and does not extend to non-incarcerated transgender people. It also does not extend to gender-affirming surgery.

In support of the injunction, Judge Nye argues that the plaintiffs in the case have presented substantial arguments supporting the importance of gender-affirming care, the societal impact this type of restriction will have, and the effect it will have on transgender people throughout the state. While he details some areas where the plaintiffs fell short in their arguments, he nonetheless argues that the evidence presented supports the need for an injunction.

Nye initially denied the request to make the lawsuit a class action. Only after receiving more data from the plaintiffs, indicating that 54 inmates receive gender-affirming care and 70 have been diagnosed with gender dysphoria, was Nye convinced.

The lawsuit centers on two incarcerated transgender women who were diagnosed with gender dysphoria and were receiving hormone replacement therapy and whose care was allegedly jeopardized because of HB 668. The case was turned into a class action lawsuit to represent all known trans prisoners in Idaho, who the ACLU of Idaho alleges were facing an Eighth Amendment violation.

The plaintiffs in the case are Katie Heredia and Rose Mills, the two transgender women in question. They are represented by the ACLU of Idaho and local attorneys. The defendants are Attorney General Raul Labrador, Governor Brad Little, IDOC Director Josh Tewalt, IDOC Chief of Staff Bree Derrick, and Centurion Health of Idaho.

ACLU of Idaho Legal Director Paul Carlos Southwick said of the ruling in a statement: “We are grateful that this class action lawsuit will protect the rights of both our plaintiffs and all prisoners diagnosed with gender dysphoria. People serving time have the right to access health care, adequate food, and housing conditions while under state supervision, and we are grateful that those rights have been upheld today.”

LGBTQ Nation reached out to the ACLU of Idaho and the attorney general’s office for comment. Neither responded before publication. This article will be updated accordingly.

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