The national flood of anti-LGBTQ legislation has not ceased with the rise of the COVID-19 pandemic. Even as the world seems to come to a halt, legislators have taken advantage of distracted public attention to pass a series of anti-trans bills in Idaho. House Bill 500, or the Fairness in Women’s Sports Act, passed in the Idaho Senate on March 16, 2020 and was signed into law by Idaho Governor Brad Little on March 30, 2020. HB 500 would prevent trans women and girls from participating in gender aligned athletics.
Enforcement of the bill would require testing to determine the “biological sex” of athletes, which could mean anthing from a physical examination of body parts, hormone-level testing, or genetic testing. Not only would hormone-level and genetic testing be complicated and costly for athletes, but invasive physical examinations would be incredibly traumatic.
A second bill, passed just days after HB 500, bans birth certificate changes that allow trans people to have consistent gender identity documentation. Having this consistent documentation is not only beneficial to mental health, but it can also prevent mistreatment and physical violence that many trans people report experiencing as a direct result of not having corrected documentation. The bill banning documentation changes was also signed into law on March 30.
The bills in Idaho send a clear message to LGBTQ constituents about what is important to the state legislature, as the two bills were pushed out just days before the session adjourned on March 20, 2020. While other states have worked to pass support programs, Idaho was instead focused on furthering the marginalization already faced by the trans community in a time of extreme uncertainty.
“‘They have not passed any legislation for that,’ she said of a statewide coronavirus relief effort. ‘They don’t have their priorities straight.’”
Lindsay Hecox, "Everyone Else Is Dealing with COVID-19. Idaho’s Pushing an Anti-Trans Bill."
These bills--now laws--are concerning in their own right, but they send a darker message as we head into an unknown future that will disproportionately put trans residents of the state at risk. Idaho’s actions indicate to the LGBTQ community that they cannot trust or rely upon their government to care for them. They instead position themselves as the enemy. Idaho residents also cite that they have heard little from their government about how to practice effective distancing and virus control measures. During a global health crisis in which centralization and trust in federal power are imperative, Idaho seems confused and short-sighted.
The two new laws passed in March 2020 will surely set a precedent among other states for similar action. Arizona has already caught on, with HB 2706 or the Save Women’s Sports Act. A concerning new pattern of anti-LGBTQ, and specifically anti-trans, legislation can already be tracked in ACLU documentation of national bills. In a pre-pandemic world, this had let LGBTQ individuals know that the government is not on their side. In the context of a global health crisis, these indications only become more apparent and terrifying. Why is Idaho’s legislature more interested in keeping trans women off of track teams than creating infrastructure to support their thousands of families?
“Yarit Rodriguez added that it ‘doesn't make sense‘ to him why passing anti-trans bills is ‘more important than an outbreak affecting multiple communities.‘“
Nico Lang, "Everyone Else Is Dealing with COVID-19. Idaho’s Pushing an Anti-Trans Bill."
"Everyone Else Is Dealing with COVID-19. Idaho’s Pushing an Anti-Trans Bill"
"As the coronavirus pandemic deepens, Idaho’s governor signs 2 anti-trans bills into law"
"Idaho bill targets transgender birth certificate changes"
"2015 U.S. Trans Survey"
"State Action On Coronavirus (COVID-19)"
"Adults in Arizona Are Trying to Stop Trans Girls from Playing School Sports"