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Gov. Little has until tomorrow to sign or veto transgender bills

by Craig Northrup Staff Writer
| March 30, 2020 2:07 PM

A pair of bills that survived the Idaho Legislature await Brad Little’s signature, but the Idaho Governor has not yet said whether he will sign, veto or ignore the would-be laws before Tuesday’s end.

HB 500 and HB 509 are two bills that have become political lightning rods after the State Legislature’s passage. If signed into law, HB 500 — also known as the Fairness in Women’s Sports Act — would prohibit people designated male at birth from participating in women’s sports in all high schools, colleges and universities, even if they now identify as women.

The legislation references studies and texts that indicate transgender women have physical advantages over other women, such as stronger bones, more red blood cells and higher levels of testosterone, claiming the result of which can unfairly impact the opportunities of women who are not transgender, such as scholarships or advancement into professional sports.

Proponents of the bill, which passed 24 - 11 in the Senate and 51 - 17 - 1 in the House, include the Family Policy Alliance of Idaho.

“The Fairness in Women’s Sports Act recognizes the common-sense truth that boys should not play on girls’ teams,” said Blaine Conzatti, director of advocacy for the Family Policy Alliance’s Idaho branch. “Our girls should not be deprived of athletic opportunities, victories, and scholarships because they were forced to compete against men.”

The bill received vocal opposition during committee hearings and has drawn the ire of the American Civil Liberties Union (ACLU), the Gay and Lesbian Alliance Against Defamation (GLAAD) and five former Idaho Attorneys General, all of whom penned and open letter to Little urging him to veto the bill, saying the bill would likely not survive legal scrutiny.

“We urge that you exercise your veto on House Bill 500 to keep a legally infirm statute off of the books and to save the State from having to pay out substantial legal fees to those who take it to court,” they wrote. “The Attorney General has provided sound advice and fair warning. Please heed it.”

A similar rationale was given in opposition to HB 509, which, if signed, would prohibit Idahoans from changing the gender on their birth certificates, excluding special and specific circumstances. Idaho’s constitutional defense fund, once flush with $5 million, now has approximately $1.3 million. HB 509 would face an almost certain legal battle if signed, as a federal judge ruled in 2018 that Idaho could not pass a law prohibiting the changing of a gender on a birth certificate, this coming after two transgender women argued the Department of Health and Welfare violated their constitutional rights by automatically denying their requests to change the gender on their birth certificates.

HB 509, which passed the Senate 27 - 16 - 2 after passing in the House 53 - 16 - 1, has been widely panned nationwide by both media and LGBTQ community groups as transphobic.

Here at home, the legislation has received staunch resistance from Idaho’s activist and business communities: Four of Idaho’s largest companies penned an open letter to Little urging his veto of both bills, saying their passage could portray Idaho as an intolerant state in a more diverse union.

“As businesses, we’re committed to the principles of diversity and inclusion, and we are very proud to call Idaho home,” the letter written by leaders from Chobani, Clif Bar and Co., HP and Micron reads. “It’s a privlege and honor to be ambassadors for the state in our daily interactions with customers, communities and companies across the nation and around the world...we talk about the welcoming, big-hearted spirit of its people, and why our employees are so grateful to live and raise their families here. This is a well-earned reputation and these bills targeting transgender Idahoans puts that reputation at risk and goes against creating a workforce that welcomes all.”

Little could either sign the bills, veto the bills or do neither, which would automatically make the bills law. HB 500 and HB 509 are two of 15 bills awaiting the Governor’s signature. Representatives from Little’s office — as well as from state senators Mary Souza and Steve Vick, the respective Senate sponsors of the bills, did not reply to requests for comment for this story.