A federal judge has ruled that Idaho may enforce its ban preventing transgender people from changing the sex marker on their birth certificates, ending a legal block that had been in place for several years.
The decision, issued on January 8, allows Idaho to implement a state law that restricts changes to birth certificates unless a person can prove the original record contained a factual error, fraud, or was completed under duress. The ruling dissolves a permanent injunction that previously stopped the state from enforcing the policy.
The injunction originated from a 2018 lawsuit brought by transgender Idaho residents who argued that the state’s refusal to amend birth certificates violated their constitutional rights. A federal court initially agreed, ruling that Idaho’s policy violated equal protection by singling out transgender people and preventing them from obtaining accurate identity documents.
In subsequent years, Idaho lawmakers revised state statutes governing birth certificate amendments. The revised law narrowed the circumstances under which any changes could be made and removed language that had allowed updates tied to gender transition. State officials argued that these changes justified lifting the earlier court order.
Idaho Attorney General Raúl Labrador requested the injunction be dissolved, citing recent U.S. Supreme Court rulings that limit the scope of broad injunctions and require courts to tailor relief to individual plaintiffs rather than issuing statewide or universal blocks.
The judge agreed, noting that one of the original plaintiffs had already received relief through the earlier court order and that the second plaintiff could not be located. As a result, the court concluded that there was no longer a legal basis to maintain a permanent injunction preventing enforcement of the law statewide.
With the injunction lifted, Idaho is now permitted to deny requests from transgender people seeking to update the sex listed on their birth certificates to match their gender identity. State officials argue that the law applies equally to all residents and does not target transgender people specifically.
LGBTQ advocacy organizations criticized the ruling, warning that the policy could create serious challenges for transgender Idahoans who rely on birth certificates for employment, travel, medical care, and identification documents. Advocates say mismatched documents increase the risk of discrimination, harassment, and forced disclosure of a person’s transgender status.
Legal groups involved in the original case indicated that they are reviewing potential next steps, including whether new plaintiffs could bring additional challenges under different legal theories.
The ruling places Idaho among a growing number of states that have restricted or eliminated the ability for transgender residents to amend gender markers on birth certificates. The issue remains contested nationwide as courts continue to weigh how constitutional protections apply to identity documents in the context of gender identity.
