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HB71

NO, this bill is NOT good for Idaho Children

Idaho Children are Primary (ICAP) believes in promoting public policy that will benefit
(and not harm) our most precious resource, our children. HB71 will harm transgender
youth and deny their parents the freedom to seek medical treatment.

  • H71 criminalizes evidence-based medical treatment and represents government overreach.

  • The nation’s leading health organizations support gender-affirming care— including but not limited to the American Academy of Pediatrics, American Medical Association, American College of Obstetricians & Gynecologists, Endocrine Society, Pediatric Endocrine Society

  • Transgender kids are already at increased risk of physical violence, substance abuse and suicide. If passed, H71 would cut off medically necessary treatment for 
    this at-risk population of children and may lead to an increased incidence of suicide.

  • H71 outlaws gender-affirming surgery for minors; this is already outside the generally accepted standard of care that has existed for decades. Physicians should be able to exercise their best medical judgment combined with informed parental consent. This bill takes away parental freedom to seek care in the best interests of their child.

  • H71 amends the section of Idaho code that criminalizes female genital mutilation and in doing so conflates unrelated issues. The changes made to this section of law severely diminish the original intent and take away adequate protection from the serious crime of female genital mutilation, which has absolutely no medical benefit. Evidence-based care for gender diverse and transgender children has proven medical benefits and is not a crime.

  • H71 undermines parental rights and allows the government to interfere in parents' medical decision-making authority for their children. A “one size fits all” approach is detrimental to parent choice.

  • The best decisions regarding medical treatment options for children are made with informed and educated parents, along with the physician’s expert advice and experience.

  • This law is in direct conflict with federal law. Recent guidance makes it clear that denying health care services related to gender identity is illegal, as is restricting physicians’ ability to provide gender affirming care.

  • Violating federal law could cause health care facilities in Idaho to lose their Medicare enrollment which would jeopardize access to care for seniors across the state.

Additional background:

  1. The Williams Institute estimates there are 1.6 million Americans age 13 and up, who are transgender.​

  2. A 2022 Pew Research Center survey finds that 1.6% of U.S. adults are transgender or nonbinary.

  3. In 2022, the National Center for Transgender Equality or NCTE tracked 207
    different pieces of anti-trans legislation across 35 states. 12 states enacted at least
    one of these bills. More than 80% of them targeted the rights of vulnerable trans
    youth and young adults.

  4. Even when anti-trans policies are defeated, they impact the transgender public. In a
    2021 study by the Trevor Project, 85% of trans youth reported that the public
    debates around their civil rights and their place in society left them scared,
    stressed, angry, and hopeless.

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