Idaho’s Republican Governor, Brad Little, has recently signed legislation that restricts the ability of schools to mandate the use of a transgender student’s preferred name and pronouns. This move has raised concerns among advocates for transgender rights and has sparked a debate over the rights of transgender individuals in educational settings.
Idaho House Bill 538, which gained significant support in the state’s Republican-dominated Legislature last month, prohibits K-12 educators and college professors from intentionally using a name or pronoun that does not correspond to a minor’s assigned sex at birth, unless they have received written consent from the minor’s parents.
The bill also protects school staff from facing negative consequences at work if they choose not to address a student by a name or pronoun that is different from the student’s legal name or the name derived from it. Similarly, state government employees are not obligated to use the name or pronoun preferred by a transgender individual if it does not align with the sex assigned to them at birth.
The measure was quietly signed into law on Monday by Little, and it is set to take effect on July 1.
During this year’s legislative session, Republican state lawmakers argued that these laws are necessary to safeguard against “unlawful compelled speech.”
Idaho Representative Ted Hill (R), the sponsor of the bill, emphasized the importance of drawing a battle line during his argument in March. According to him, this battle line revolves around protecting First Amendment rights, which is the crux of the matter.
State Democrats strongly opposed the measure, asserting that the First Amendment, which safeguards the freedom of speech, is not intended to grant employees the right to behave unprofessionally or engage in workplace discrimination.
Idaho state Representative Lauren Necochea (D) emphasized the importance of maintaining a high standard of respect and decency among publicly funded employees. It is expected that they refrain from engaging in unkind, uncivil, or discriminatory behavior, whether it is directed towards the public or their colleagues. Representative Necochea further emphasized the significance of respectfully addressing individuals in the manner they desire to be addressed, highlighting the significance of this practice.
This week, Idaho joined the ranks of states that have redefined gender to be synonymous with sex, following in the footsteps of Nebraska and Oklahoma. This legislation has raised concerns among LGBTQ advocates, who fear that it could lead to discrimination against transgender and gender-nonconforming individuals.
According to Idaho’s House Bill 421, which will come into effect on July 1, there are only two sexes in human beings: male and female. The bill emphasizes that an individual’s sex cannot be determined based on self-identification or stipulation.
Ever since Governor Little took office in 2019, he has been actively signing a series of laws that specifically target transgender individuals. These laws have covered a wide range of issues, with notable ones including the groundbreaking ban on transgender athletes.
In March, Little took action by signing legislation that prohibits the use of public funds, including Medicaid, and government-owned facilities for gender-affirming care for transgender minors and adults.
Last year, Governor Little signed a law that deems it a felony for doctors to administer puberty blockers, hormones, and surgeries to transgender minors. However, the enforcement of this law is currently halted by district court orders. In February, Idaho Attorney General Raúl Labrador (R) urgently requested the Supreme Court to intervene and permit the state to enforce its ban.
