Idaho defended its right to enforce a law protecting children from transgender medical procedures before the U.S. 9th Circuit Court of Appeals on Wednesday. 

Idaho Attorney General Raúl Labrador was assisted by Alliance Defending Freedom (ADF) and Cooper & Kirk before the court.

Last year, Idaho’s legislature enacted a law called the Vulnerable Child Protection Act (VCPA), which prohibits medical providers from prescribing puberty blockers or cross-sex hormones for minors, or performing gender transition surgeries on minors.

Parents sued the state on behalf of their two minor boys, who both identify as female and take estrogen. The district court granted the parents an injunction not only barring Idaho from enforcing the section of the law that was challenged, but blocking enforcement of the law in its entirety. 

The Idaho Attorney General, along with ADF and Cooper & Kirk, appealed to the 9th Circuit Court—but the court denied the request.

Idaho then appealed to the Supreme Court, which ruled in April to narrow the district court’s injunction to apply only to the plaintiffs and to allow Idaho to otherwise enforce its law as the case proceeds. 

John Busch, ADF senior counsel and vice president of appellate advocacy, argued Wednesday that the legitimacy of Idaho’s VCPA before the court is based on previous court precedent and based on scientific evidence for the health risks cross-sex treatments pose to young people with gender dysphoria. He argued that the law does not discriminate based on sex. 

“The devastating consequences of drugs and procedures used on children with gender dysphoria are a preventable tragedy,” Labrador said. “The state has a duty to protect and support all children. … Those suffering from gender dysphoria deserve love, support, and medical care rooted in biological reality. Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and we will do everything we can to protect them.”

Bursch said, “Idaho’s law rightly supports children’s natural biological development, ensuring that children experiencing gender dysphoria have a chance for comprehensive healing and compassionate mental health support. Respected authorities continue to find that the overwhelming majority of children will naturally resolve their dysphoria as they mature. And no reliable scientific evidence demonstrates that these dangerous medical procedures improve mental health. That’s why countries like Sweden, England, and Finland—which once recommended these procedures for children—are now restricting them and protecting children from the devastating effects they have had on countless lives. We are urging the court to allow Idaho to enforce its law.”