On August 21, Alliance Defending Freedom (ADF) attorneys returned to the U.S. Court of Appeals for the 9th Circuit to defend Idaho’s Vulnerable Child Protection Act. This crucial law, enacted in 2023, limited procedures like puberty-blocking drugs and body-altering surgeries that can harm children diagnosed with gender dysphoria.
Idaho recognized that these interventions could have irreversible effects on children’s natural development.
The hearing built upon a victory at the U.S. Supreme Court earlier this year. In April, the Court had ruled in Labrador v. Poe to narrow a lower court’s injunction, allowing Idaho to enforce its law statewide, except for specific challengers. This decision had overturned a district court’s sweeping order that had prevented Idaho from protecting even children under five.
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance is a specialized unit within the broader ADF organization that offers legal assistance specifically to religious groups and institutions. Its primary mission is to safeguard the essential freedoms of faith-based entities, enabling them to exercise and express their religious convictions without unwarranted interference or restrictions.
The April Supreme Court ruling had already allowed Idaho to protect most children while the case proceeded. In the August hearing at the 9th Circuit, Alliance Defending Freedom sought to remove the remaining restrictions on enforcement, arguing for Idaho’s right to fully implement this child safety law.
Idaho Attorney General Raúl Labrador, alongside ADF Senior Counsel John Bursch and Cooper & Kirk, argued for the state’s right to fully enforce this important child safety measure.
Labrador has called the consequences of drugs and procedures on children with gender dysphoria a “preventable tragedy,” adding, “The state has a duty to protect and support all children, and that’s why I’m proud to defend Idaho’s law that ensures children are not subjected to these life-altering drugs and procedures. Those suffering from gender dysphoria deserve love, support, and medical care rooted in biological reality. Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and we will do everything we can to protect them.”
In a statement on Alliance Defending Freedom Media, Bursch emphasized the lack of scientific consensus on these interventions, noting that respected authorities continued to find that the overwhelming majority of children would naturally resolve their dysphoria as they matured. He contended that no reliable scientific evidence demonstrated that these medical procedures improved mental health.
“Idaho’s law rightly supports children’s natural biological development, ensuring that children experiencing gender dysphoria have a chance for comprehensive healing and compassionate mental health support,” Bursch said.
Bursch added that Idaho’s stance aligns with growing international caution, pointing to countries like Sweden, England, and Finland, which have begun restricting these procedures due to concerns about long-term effects.
The case highlights the growing debate over the use of potentially harmful medical procedures to treat children with gender dysphoria. Idaho’s law represents a commitment to safeguarding children’s natural biological development and ensuring they receive comprehensive care and support, a position that aligns with Alliance Defending Freedom’s core objectives.