School staff and health care providers could face significant fines and lawsuits if they fail to notify parents their child may be transitioning to a different gender.
The bill passed by the Idaho House Wednesday would require educators and others to notify parents within 72 hours if the student asked to go by a different name or to use different pronouns.
Nicknames derived from a child’s legal name would be exempt.
If these professionals fail to notify parents within the time limit, they could be sued in civil court and face an additional fine up to $100,000 from the state attorney general’s office.
The bill easily cleared the Idaho House along party lines.
“Protecting our children is contingent on parental rights and parental authority and this is a great step back in the right direction,” said Rep. Clint Hostetler (R-Twin Falls).
Rep. John Shirts (R-Weiser) agreed, saying in would ensure teachers don’t impose their beliefs on their students.
“It’s sad that there is a lie that is being told to these children that girls can become girls or boys can become girls. It is that lie that has been so pervasive in society and why it makes this type of legislation necessary,” Shirts said.
Meanwhile, Democrats said the measure will further drive out professionals who are desperately needed here.
“They leave the state or they don’t come here to begin with and these are professions that we can least afford to lose: educators, health care providers, childcare providers,” said House Democratic Leader Ilana Rubel (D-Boise).
On top of that, Rubel and two other Democrats wrote a seven-page report outlining how they believe the bill is unconstitutional.
The potential $100,000 fine, they said, is legally excessive compared to other Idaho laws that govern child safety. Fines under those statutes, like driving under the influence while a minor is in the vehicle, carries a fine up to $5,000.
The report said the language is overly vague and criticized the committee that held a public hearing on the bill for allowing just 14 minutes of testimony.
House rules allow such minority reports to be included in the pages of the official journal published each session, but nearly every Republican voted to ignore that rule Wednesday.
House Republican Leader Jason Monks (R-Meridian) said after the vote that it was the will of his caucus to reject the report.
Rubel called it an “abuse of supermajority power” and that whichever party is in the minority should expect to receive fair treatment under the rules.
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