Idaho Bans Compelled Use of Pronouns in Schools, Government Entities

Idaho Gov. Brad Little speaks at the White House, on July 16, 2020. Jim Watson/AFP via Getty Images

Idaho Gov. Brad Little signed a bill into law on Monday banning government entities and schools from compelling staff and students to use pronouns for individuals that do not correspond with their biological sex.

The measure, House Bill 538, sponsored by Rep. Ted Hill (R-Eagle), was passed by the state’s Republican-dominated Legislature last month.

Under the legislation, government employees “shall not be subject to adverse employment action” if they decline to address an individual using a name other than the individual’s legal name, or if they decline to address them by their preferred title or pronoun that is inconsistent with their biological sex.

Elsewhere, teachers and other employees in public schools or public institutions of higher education, regardless of the scope of their duties, will be prevented from “knowingly and intentionally” addressing a minor by a name or pronoun that does not align with their sex assigned at birth without “written consent from their parents or guardian.”

Students are also offered similar protections. The measure also grants individuals harmed by a government employer, public school, or public institution for higher education for violating the measure the right to sue for damages and relief if they are disciplined.

Those lawsuits must be filed within two years from the date that the violation occurs, according to the measure.

“No person in the State of Idaho is compelled by any governmental entity in the State of Idaho to communicate statements that such citizen believes to be false,” the legislation states.

Bill Needed to Protect Against ‘Unlawful Compelled Speech’

“No person should be subjected to any coercion by any governmental entity in the State of Idaho to communicate in any way statements that such person prefers not to communicate. To permit a governmental entity of the State of Idaho to compel speech in such a way would deprive persons within this state of their fundamental right to be free from coerced speech,” it adds.

The measure, which is set to take effect on July 1, is needed to “protect the people of Idaho against unlawful compelled speech,” according to the Legislature.

Others, including the Idaho Family Policy Center, a Christian lobbying group, have also backed the measure, which they say “fights back against the radical LGBT agenda” and protects teachers from “adverse employment action” when they opt to use “biologically correct pronouns.”

“Even in school districts with no written compelled pronoun policy, educators feel pressure from administrators, parents, and students to use preferred pronouns,” Blaine Conzatti, president of the group, said in a February press release. “These teachers rightly fear what might happen if they continue disregarding such demands.”

ACLU May Sue Over Legislation

However, the legislation has been largely opposed by Democrats in the state who argue that it will lead to discrimination among transgender employees.

“We expect our publicly funded employees to adhere to a certain standard of respect and decency, and we expect them to refrain from being unkind, uncivil or discriminatory whether it’s to the public or to their coworkers,” Idaho state Rep. Lauren Necochea, a Democrat, said last month, according to The Hill.

“Respectfully addressing people the way they are asking to be addressed is no different,” Ms. Necochea added.

A whiteboard with rainbow lettering asking for pronouns. Alexander Grey/Unsplash

Elsewhere, the American Civil Liberties Union (ACLU) of Idaho, which lobbied against the bill, said it was “extremely disappointed and frustrated” that Mr. Little had signed House Bill 538 into law.

The group also criticized the Republican governor for signing another measure, House Bill 421, into law on Monday.

That measure changes the legal definition of “sex” to an “individual’s biological sex” which it states is “either male or female.”

“Both bills seek to codify the erasure of transgender Idahoans and have the potential to cause direct harm in our communities, particularly for youth,” the ACLU said. “Despite robust pushback from the community, hours of heartfelt testimony, and our efforts to detail how these bills violate our constitutional rights, Governor Little has once again decided to double down on anti-trans discrimination, putting Idaho taxpayers at risk for expensive lawsuits in the process.”

“People who are transgender are a vibrant, vital part of Idaho and deserve the same dignity and respect as other Idahoans,” the group said, adding that it is considering filing lawsuits.

Last month, Mr. Little signed into law a bill banning transgender individuals from using Medicaid and other publicly funded programs to help pay for so-called “gender-affirming” medication or surgeries.

That measure is also set to take effect in July.