Idaho law would only recognize two genders under new legislation introduced Tuesday morning.
“This [legislation] provides a legal definition for sex, both male and female, that's clear and easily understandable,” said Rep. Julianne Young (R-Blackfoot), who sponsors the bill.
“In human beings, there are two, and only two, sexes: male and female,” the legislation reads. “In no case is an individual’s sex determined by stipulation or self-identification."
Several pro-LGBTQ groups have filed legal suits against Idaho in recent years to overturn its anti-transgender rights laws. That includes the first in the nation ban on transgender athletes competing on teams that align with their gender identity.
State legislators also outlawed gender-affirming care for minors last year, which a federal judge temporarily blocked from taking effect.
“I believe that it provides a helpful legal platform as we navigate some of these difficult issues in the state of Idaho in regard to policy,” Young said.
The proposal also said sexual development disorders, like intersex people born with both sets of genitalia or those with abnormal chromosomes, are not exceptions to the binary nature of gender.
“Moving away from scientific language while disregarding and disrespecting the experience of trans people in our state by forcing them to identify in a way that doesn’t match their gender identity is cruel and unhelpful,” said Mistie DelliCarpini-Tolman, state director for Planned Parenthood Alliance Advocates.
Young previously spearheaded legislation in 2020 barring transgender Idahoans from changing the sex listed on their birth certificates – a move declared unconstitutional later that year by a federal judge.
Her newest legislation still needs a public hearing before it could be considered by the entire House.
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