The court allowed the Vulnerable Child Protection Act, a state law forbidding so-called gender-affirming care for minors, to take effect pending appeals.
The U.S. Supreme Court issued an emergency order late on April 15 allowing Idaho to resume enforcing a state ban on sex-change-related procedures for minors after the law was blocked by a lower court.
At least five of the six conservative justices voted to restore the state law, while all three liberals voted against doing so.
It was unclear at press time how Chief Justice John Roberts, a moderate conservative, voted.
Although the decision took the form of an unsigned order, there were multiple opinions issued by various justices.
Justice Neil Gorsuch issued an opinion concurring in the decision to reinstate the state law. Justices Clarence Thomas and Samuel Alito concurred. (An online link to Justice Gorsuch’s opinion was not immediately available.)
Justice Brett Kavanaugh filed an opinion (pdf) concurring in the decision to restore the state law. Justice Amy Coney Barrett concurred.
Justice Ketanji Brown Jackson issued a dissenting opinion (pdf), that was joined by Justice Sonia Sotomayor.
The Vulnerable Child Protection Act (VCPA), which Idaho Gov. Brad Little (R) signed in 2023, criminalizes physicians prescribing puberty-blocking drugs, hormone therapy, and selected surgeries for minors who identify to be transgender. Fines and prison terms can be imposed.
“In signing this bill, I recognize our society plays a role in protecting minors from surgeries or treatments that can irreversibly damage their healthy bodies,” the governor said at the time.
“However, as policymakers, we should take great caution whenever we consider allowing the government to interfere with loving parents and their decisions about what is best for their children.”
At least 22 states have passed legislation banning transgender surgery for minors, according to the Movement Advancement Project. On the other hand, 14 states and the District of Columbia have passed legislation protecting youth access to transgender health care, according to the group.
A federal district court in Idaho temporarily enjoined the state statute last year, while the litigation works its way through lower courts. The U.S. Court of Appeals for the 9th Circuit affirmed the injunction.
