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Robinson v. Labrador

Location: Idaho
Status: Ongoing
Last Update: December 18, 2024

What's at Stake

Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.

Katie Robinson and Rose Mills are transgender women currently incarcerated and held in the custody of the Idaho Department of Corrections. Both have been diagnosed with gender dysphoria and prescribed hormone therapy by prison doctors. Longstanding court precedents have consistently held that blanket rules denying incarcerated people gender-affirming medical care constitute cruel and unusual punishment and are thus prohibited by the 8th Amendment of the US Constitution.

In 2024, Idaho passed House Bill 668, which bans public funds and public facilities from being used for providing gender-affirming medical care. HB 668 was part of a larger effort by the Idaho legislature to restrict or ban gender-affirming medical care, including a 2023 law banning such care for transgender people under 18, and restrict the rights of transgender people more broadly.

The American Civil Liberties Union of Idaho and the national ACLU LGBTQ & HIV Project filed a lawsuit challenging HB 668 on behalf of Robinson, Mills, and the class they represent. The lawsuit alleges that categorically denying incarcerated individuals with gender dysphoria access to medically necessary care is a violation of their Eighth Amendment right to be free from cruel and unusual punishment.

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