- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Banned for minors
- Non-Binary Gender Recognition
- Ambiguous
- 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
- Unknown
- Age of Consent
- Unknown
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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 no censorship.
A new law will be going into effect in 2 months.
Going into effect Jul 1, 2024
State-enforced
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.
Current status
Until Jul 1, 2024
No censorship
No law currently censors LGBT topics in Idaho.
However, the State has tried in March 2022 to pass a bill that would make librarians criminally liable if kids access LGBT books. While the bill overwhelmingly passed in house, it was blocked by the Idaho senate.
However, the State has tried in March 2022 to pass a bill that would make librarians criminally liable if kids access LGBT books. While the bill overwhelmingly passed in house, it was blocked by the Idaho senate.
Right to change legal gender in Idaho is legal, no restrictions.
A new law will be going into effect in 2 months.
Going into effect Jul 1, 2024
Illegal
Gender Affirming Care will no longer be accessible in the state of Idaho unless seeking outside of Idaho. This law bans right to change gender, as well as birth markers on any legal documents.
Gender-Affirming Care in Idaho is banned for minors.
A new law will be going into effect in 2 months.
Going into effect Jul 1, 2024
Banned
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.
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 ambiguous.
Current status
Since Mar 25, 2019
Ambiguous
Not currently available for birth certificates, but initially available for driver's licenses and state IDs.
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 Sep 20, 2011
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
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.