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Inmates sue Idaho officials over law blocking public funds for gender care • Idaho Capital Sun

The ACLU of Idaho has filed a federal lawsuit against state officials in Idaho District Court on behalf of three people detained in Idaho because of a new law that prohibits the use of public funds for gender-affirming care.

House Bill 668 came into force on Monday and prevents the use of taxpayers' money from covering the cost of gender reassignment drugs and surgeries for adults and children. This includes Idaho Medicaid. The law also prohibits the use of state property or facilities for gender reassignment treatments.

The lawsuit was filed on June 28. Three of the plaintiffs, who are filing the lawsuit under anonymous names, receive prescription hormone replacement therapy for gender identity disorder from Centurion Health, a medical provider contracted by the Idaho Department of Correction.

But in May and June, the complaint says, correctional staff told the plaintiffs and other transgender incarcerated people that their hormone replacement therapy would be stopped or their dosage would be reduced as part of preparation for House Bill 668.

Idaho bill banning public funding for gender reassignment care moves to Senate

The plaintiffs claim that stopping or reducing their prescribed medications violates the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. They are seeking a temporary injunction or a stay of enforcement until the case is resolved.

The lawsuit, Roe v. Labrador, The names are Raúl Labrador, Attorney General of Idaho, Brad Little, Governor of Idaho, Josh Tewalt, Director of the Department of Corrections, Bree Derrick, Deputy Director, and Centurion Health.

Rebecca De Leon, spokeswoman for the ACLU of Idaho, said the organization was not available for comment at this time.

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Roe, Poe and Doe: The three imprisoned transgender women sue the state

The three plaintiffs are all transgender women who use the pseudonyms “Roe,” “Poe,” and “Doe.”

The first plaintiff is Jane Roe, who is incarcerated at the Idaho State Correctional Center in Kuna. Roe has been incarcerated since 2014 and expects to be incarcerated until March 2033.

According to the lawsuit, Roe had been using a different, female name since she was 12 years old, and she was officially diagnosed with gender identity disorder during the intake process at Idaho Correctional Institutions.

Roe has been receiving hormone therapy, administered orally twice daily by correctional staff, since 2015. The hormone therapy has “significantly improved” her health and well-being, the complaint states.

The second plaintiff is Jane Poe, who is incarcerated at the Idaho State Correctional Institution in Kuna. Poe has been in prison since April 2023 and is expected to remain incarcerated until 2025.

Poe has been living as a woman since 2017. While incarcerated, she was also diagnosed with gender identity disorder. In June, medical staff at the prison told her she could gradually wean herself off her hormone therapy medication starting July 1, the day the law went into effect.

The third plaintiff is Jane Doe. Doe is also incarcerated at the Idaho State Correctional Institution. Doe has been incarcerated since 2023 and expects to remain in correctional custody for several more years, according to the lawsuit.

Before her incarceration, Doe's primary care doctor diagnosed her with gender identity disorder in 2020. She received hormone therapy in the three years prior to her incarceration.

“After Ms. Doe began hormone therapy, she finally felt like herself,” the lawsuit states. “Her anxiety decreased. She was finally able to hold down a job. She got her first apartment. Her quality of life improved dramatically.”

House Bill 668 would be emotionally and physically devastating to the plaintiffs, the lawsuit says. According to the lawsuit, the three plaintiffs fear that without access to their prescribed hormone medications, they will suffer increased anxiety and depression.

The case is a class action lawsuit, meaning that although the lawsuit was filed on behalf of three plaintiffs, the plaintiffs are all People in Idaho correctional facilities who have been or are being diagnosed with gender identity disorder and who would normally receive hormone therapy if House Bill 668 does not become law.

In another case, a federal judge on Saturday temporarily blocked the new law of applying for Medicaid for seven transgender and nonbinary Idaho residents, according to previous reporting by the Idaho Capital Sun.

Federal Judge Raymond E. Patricco, chief justice of the peace for the District of Idaho, issued a temporary restraining order in the case that went into effect Monday and blocks the new law only for the seven patients who are plaintiffs in a lawsuit.

Roe v. Labrador

Anna Harden

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