Legislation to outlaw gender-affirming healthcare for minors has been proposed in Idaho, joining a number of other states that have filed similar legislation. As a result of Idaho’s proposed ban on transgender healthcare, providers could be sentenced to life in prison.
“Female genital mutilation” treatments done on adolescents are the focus of HB 675, which would amend Idaho Code 18-1506B. The bill would widen the definition of “genital mutilation” to cover surgeries such as metoidioplasty, orchiectomy, and hysterectomies on youngsters of any gender. As a result, the measure would also ban mastectomies and gender-affirming hormone therapy, despite the bill’s name.
Intersex “corrective treatments,” which have been highly criticized by the intersex community, can have long-term health implications, and have been prohibited in three nations, are exempt from the bill’s prohibitions.
While most of the measure is standard procedure, the implications for healthcare practitioners are particularly worrisome. There will be felony charges brought against medical providers who are found “guilty” of providing minors with gender-affirming health care.
Arkansas — the only state to have passed legislation banning transgender health care for minors — imposes civil fines on doctors and allows patients to sue them, but there is no mention of incarceration. Many other proposals include civil penalties as well.
However, even legislation that does include prison sentences for healthcare practitioners, such as Alabama’s HB 266, define periods that have a far lower maximum; the provision of gender affirming healthcare, for example, would be classified as a Class C felony that carries up to 10 years in prison.