Idaho
US Supreme Court allows Idaho gender-affirming care ban for minors to go into effect
The US Supreme Court granted an emergency request for stay led by Idaho officials, allowing the state to temporarily enforce a statewide ban on gender-affirming care for certain minors. This ban is one of the first cases related to transgender health care to reach the nation’s highest court. Labrador v. Poe is the case that challenged the law enacted in Idaho last year, which prohibits treatments such as puberty blockers and hormone therapy for transgender minors.
Under the new law, physicians who provide gender-affirming care to transgender children could face up to 10 years in prison and up to $5,000 in fines. While the law can now be enforced statewide, it cannot be applied against the two plaintiffs who challenged it. Often, emergency docket decisions do not include reasoning. However, this 34-page decision included concurrences by Justices Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett.
The court’s written opinion emphasized that this case poses a question about “the propriety of universal injunctive relief, a question of great significance that has needed the Court’s attention for some time.” In other words, the Ninth Circuit granted relief to the plaintiffs and additionally decided the Idaho law’s enactment was to be halted. The Supreme Court ruled this was an overstep of the lower court’s authority. The court’s three liberal justices, Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan, objected to this decision, arguing that the law should have remained entirely blocked and that it was the natural order of a case to be challenged and move through the lower courts appropriately.
The state of Idaho and its Attorney General Raul Labrador argue that “Every day Idaho’s law remains enjoined exposes vulnerable children to risky and dangerous medical procedures and infringes Idaho’s sovereign power to enforce its democratically enacted law.” The state says that since the plaintiffs both want access to a single procedure, it is unfair that the Ninth Circuit’s injunction applies to all 20+ procedures that the Idaho law regulates as they are two minors and their parents, and the injunction covers 2 million.
The plaintiffs, two transgender teenagers whose identities are protected, argue that the law violates the Equal Protection Clause of the Fourteenth Amendment to the US Constitution, enforceable under 42 U.S.C. § 1983, which protects individuals and groups from discrimination by the government. The brief for the teens cites that the new law does not ban cisgender boys who are forecasted to have a post-pubertal height of 5’4″ or shorter as they may be treated with testosterone for “short stature.” Idaho doctors are thus free to prescribe testosterone to cisgender boys, including to affirm cisgender boys’ gender identity with overdeveloped breast tissue. Similar differences are allowed for cisgender girls to receive estrogen for specific delayed puberty issues. Thus, counsel argues that the law has “nothing to do with protecting children and everything to do with expressing disapproval of, and stigmatizing transgender people.”
This case is part of broader state jurisprudence across the country, with more than 20 conservative states enacting similar bans targeting care for transgender youth. This spring, appeals concerning similar laws in Tennessee and Kentucky will be up for consideration by the justices.
Shanea Fulks is the owner of Seven Sisters Closet Revival, a new consignment store at 260 South Woodruff in Idaho Falls. Take a look inside in the video above. | Rett Nelson, EastIdahoNews.com
Do you want to know what’s happening in the eastern Idaho business scene? We’ve got you covered. Here is a rundown of this week’s business news across the valley.
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IDAHO FALLS
New consignment shop in Idaho Falls offers vintage clothes for customers and booth space for sellers
IDAHO FALLS – Curating vintage clothing is Shanea Fulks’s passion, and she’s sharing it with the community through a new business venture.
Seven Sisters Closet Revival opens Saturday at 260 South Woodruff inside Parkwood Plaza in Idaho Falls. It offers racks of vintage clothes for customers and booth space for others to sell their items.
“You get a rack with shelves, and you can come in throughout the week and sell things,” Fulks tells EastIdahoNews.com. “The things you’ll see in the middle of the store are pieces that I have curated. I hand-pick all the things I bring to the store.”
See some of the items in the video above.
Fulks says she’s had multiple people walk in already who are excited about the shop.
The store will have a grand opening this weekend. Fulks is partnering with the Greater Idaho Falls Chamber of Commerce for a ribbon-cutting and open house at noon on Friday. A local band will be performing during the event.
Then on Saturday, a grand opening celebration will begin at 2 p.m. Several vendors and live entertainment will be available. Fulks says she’s looking forward to interacting with the community.
Fulks has been selling items from her personal collection online for years. After helping a mother and daughter find a formal dress during an interaction at another shop in town several years ago, Fulks says she realized there was a need for a store like this.
After about a year of working with real estate agents, Fulks says the Parkwood Plaza space formerly occupied by a beauty salon called Blush became available, and it was an ideal fit.
“It’s just been a whirlwind and we’re just trying to get it going,” says Fulks.
Fulks’ interest in fashion stems back to childhood. She lost her dad and stepdad to suicide at a young age and grew up in a household that struggled to make ends meet. As a result, she says they bought clothes at Goodwill and other secondhand stores.
She remembers being made fun of because of the clothes she wore. In time, she learned to embrace her uniqueness and developed an interest in vintage clothes.
“I’ve just always been attracted to old sweaters, military jackets (her dad served in Vietnam),” Fulks says. “I like to help people feel confident wearing something unique, even if it’s not trendy. Be bold and wear whatever you want.”
The idea of making the most of your circumstances and embracing who you are is inspired by her experience with suicide, and it’s reflected in the art that’s on display in her store.
“Part of the theme in my store is ‘Stay. We need you,’” she says.
The business name refers to her family. She comes from a blended family of six girls and four boys. When she and her husband were married, they had a daughter — the seventh sister.
Fulks says she’s looking forward to offering great deals to customers. She has two sons with autism who love art, and she wants to host art-themed events for people with special needs. She’d also like to host tea parties and other events in the future.
“I want people to come and feel like they belong,” she says. “I’m going to allow people to do karaoke. When you’re here, I want you to feel like you can have fun.”
Seven Sisters Closet Revival will be open from 10 a.m. to 7 p.m. Monday through Saturday.
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Gov. Brad Little has signed House Bill 533, which would remove the need for license plate stickers on Idaho vehicles.
The legislation, introduced earlier this session by Rep. Jon Weber (R) of Boise, eliminates the requirement for registration stickers on Idaho license plates. Weber stated during the bills intorduction that officers can verify the status of license plates without the stickers, potentially saving the state around $300,000.
During the bill’s introduction, some lawmakers argued that it could increase the workload for law enforcement.
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The new law is set to take effect in July.
For the second year in a row, House lawmakers will consider urging the U.S. Supreme Court to overturn its ruling legalizing same-sex marriage.
The nonbinding resolution, which carries no legal weight, says the decision in Obergefel v. Hodges violates the longstanding religious definition of marriage between one man and one woman.
“The current definition of marriage that allows for same-sex marriages is a defilement of the word marriage,” said Rep. Tony Wisniewski (R-Post Falls), who sponsors the measure.
The resolution further states that the Obergefel decision “arbitrarily and unjustly” rejects the historical definition of marriage.
Idaho voters passed a constitution amendment in 2006 that defines marriage as between one man and one woman, which was invalidated by the Obergefel ruling.
Wisniewski said regulating marriages should be a power left to the states.
Rep. Brent Crane (R-Nampa) agrees.
“If you want to get things … closer to the people with respect to some of these more complex social issues, I think the best place for those things to happen is in the states,” Crane said.
Doing so is a risk, he said.
“You may have states that choose to acknowledge [polyamorous relationships]. You may have states that choose to have relationships between adults and younger children,” Crane said.
Cities in neighboring Oregon and Washington, for example, are considering giving those in polyamorous relationships legal recognition.
But he said that risk is worth it to allow other states that choose to only recognize traditional marriages.
Four lawmakers on the House State Affairs Committee opposed the resolution.
Rep. Erin Bingham (R-Idaho Falls) said she’s tried to balance her own religious beliefs with those of others while considering the measure.
“I do feel like that it is important for us to work together, to find ways to compromise and to live together in peace and mutual respect,” Bingham said.
The resolution now goes to the House floor for consideration.
House lawmakers last year passed a similar measure, but it never received a hearing in a Senate committee.
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