Idaho’s Republican Governor, Brad Little, recently signed legislation that will prohibit schools from mandating the use of a transgender student’s name and pronouns by staff and students.
Idaho House Bill 538, which was widely approved by the state’s Republican-dominated Legislature last month, prohibits K-12 educators and college professors from intentionally and knowingly using a name or pronoun for a minor that does not match their assigned birth sex, unless they have written consent from their parents.
The bill provides protection to school staff, ensuring they cannot face negative consequences for refusing to use a name or pronoun other than a student’s legal name or the one assigned at birth. Similarly, state government employees are not obligated to use a transgender person’s preferred name or pronoun if it does not align with their assigned sex at birth.
The measure was signed into law by Little on Monday with little fanfare. The new law is set to take effect on July 1.
During this year’s legislative session, GOP state lawmakers argued that these laws are necessary to safeguard against “unlawful compelled speech.”
Idaho Representative Ted Hill (R), the sponsor of the bill, passionately emphasized the importance of drawing a battle line. In March, he argued for the proposal, stating, “This is the battle line. It’s First Amendment rights, and that’s the whole issue here.”
State Democrats strongly opposed the measure, asserting that the First Amendment, which safeguards freedom of speech, does not condone unprofessional conduct or workplace discrimination by employees.
Idaho state Representative Lauren Necochea (D) emphasized the importance of public employees upholding a standard of respect and decency. It is crucial for them to avoid engaging in unkind, uncivil, or discriminatory behavior towards the public or their colleagues. Rep. Necochea further highlighted the significance of addressing individuals in a manner that aligns with their preferred form of address.
This week, Idaho joined the ranks of six other states in redefining gender as synonymous with sex. This legislation, signed by Little, has drawn concern from LGBTQ advocates who fear that it could lead to discrimination against transgender and gender-nonconforming individuals. It’s worth noting that similar executive orders were signed in Nebraska and Oklahoma last year, further exacerbating these concerns.
According to Idaho’s House Bill 421, there are only two sexes in human beings: male and female. The bill states that an individual’s sex cannot be determined by self-identification or stipulation. This law will be implemented on July 1.
Ever since assuming office as governor in 2019, Little has actively supported and signed numerous laws that specifically focus on transgender individuals. These laws include a groundbreaking ban on transgender athletes, which is the first of its kind in the country.
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.
Idaho Governor, Brad Little, signed a law last year that categorizes the provision of puberty blockers, hormones, and surgeries to transgender minors as a felony. However, the enforcement of this law is currently on hold due to a district court’s orders. In an attempt to lift the block, Idaho Attorney General Raúl Labrador (R) sought emergency action from the Supreme Court in February.
