- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Ambiguous
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- Ambiguous
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Public Opinion
Recent surveys in Idaho have revealed a mixed response towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
History
Same-sex marriage in Idaho is legal.
Censorship of LGBT issues in Idaho is ambiguous.
Current status
Since Jul 1, 2024
Ambiguous
Idaho school districts will soon be required to remove any mandates for teachers to use transgender students' preferred pronouns. Governor Brad Little recently signed House Bill 538, sponsored by Rep. Ted Hill, R-Eagle, which provides protections for public employees, including teachers, who decline to use preferred names and pronouns. The bill prohibits teachers from using a name or pronoun that doesn't match a student's birth sex without parental consent, and it grants teachers the option to sue their district if they face discipline for refusing to comply. The bill will become effective on July 1st, 2024.
Gender-affirming care in Idaho is restricted.
Current status
Since Jul 1, 2024
Restricted
Gender Affirming Care will no longer be accessible in the state of Idaho unless seeking outside of Idaho. House Bill 668 bans the right to gender affirming care for adults and minors when state funds are revoked. This bill also restricts non-profits and organizations from using funds for gender affirming care.
Legal, but banned for minors
Idaho law bans any changes with gender affirming care for minors, calling it gender mutilation in HB-71. Minors under the age of 18 cannot access gender affirming care even with parental consent. Doctors who do preform gender affirming care will be removed of their license and possibly face jail time. There will be a law into effect July 1st, 2024 that bans gender affirming care for all.
Legal recognition of non-binary gender in Idaho is not legally recognized.
Current status
Since Jul 1, 2024
Not legally recognized
While legal recognition is federally recognition Idaho will not recognize any government IDs with gender X marker. This includes out of state ids, and passports.
LGBT discrimination in Idaho is no protections.
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
LGBT employment discrimination in Idaho is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
LGBT housing discrimination in Idaho is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Idaho is legal.
Current status
Legal
Pursuant Idaho §16-1501, any adult may may petition for adoption. Though it's not expressly permitted by any case law or statute, same-sex, second-parent adoption is theoretically legal as no laws prohibit it.
Intersex infant surgery in Idaho is not banned.
Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Serving openly in military in Idaho is legal.
Current status
Since Jan 25, 2020
Legal
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
Lesbians, gays, bisexuals permitted, transgender people banned
Former President Trump said in a slew of tweets in 2017, that he would ban transgender people from serving in the military. He then talked with the Chiefs of Staff, making it full ban for transgender people. Policy stated, if transgender people were in the military already, they could serve under a gender dysphoria diagnoses.
Legal
In 2011, Don't Ask Don't Tell was repelled under the Obama Administration 6 years later a new executive order was introduced. Former President Obama allowed members dishonorably discharged under DADT, to receive a honorable discharge.
Blood donations by MSMs in Idaho is legal.
Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Equal age of consent in Idaho is ambiguous.
Current status
Ambiguous
Though it does not explicitly say if LGBTQ parties are in the law, it remains equal for LGBTQ people. Idaho legislature is trying to write out LGBTQ people from their state. See other topics in this state for more information.
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Idaho LGBT Organizations
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