New Idaho proposals again target LGBTQ+ rights. Here’s how the community responded

More than 48,000 hearts rained down from the fourth floor of the rotunda at the Idaho Capitol, as more than a dozen protesters dropped the colored paper over the railings Tuesday afternoon.

The shaped mailers were a symbol of the 48,000 Idaho residents who identified as part of the LGBTQ+ population in the 2020 Census, according to the ACLU of Idaho. The organization had asked Idahoans to mail in homemade paper hearts to show their support for the LGBTQ+ community as lawmakers again pushed bills targeting the population.

“As we fight anti-LGBTQ+ legislation, we wish to remind Gov. Little and the Idaho State Legislature how many people these laws would affect,” ACLU posted on social media.

Within 10 days, more than 48,000 hearts of all shapes, sizes and colors were sent in by mail, according to the ACLU of Idaho. Jenna Damron, ACLU advocacy fellow, said they came in from across the state, from Coeur d’Alene to Blackfoot. The protesters promptly picked the mailers up after dropping them.

Idaho lawmakers this year brought forward at least nine bills directly targeting LGBTQ+ rights, Rebecca De León, spokesperson for the ACLU of Idaho, told the Idaho Statesman. Those bills included House Bill 421, which would redefine “gender” as synonymous with sex, and House Bill 668, which bans public funds from going to gender-affirming care.

Gov. Brad Little signed into law House Bill 668, which will prevent residents from using Medicaid funds for those treatments. It’s unclear exactly how the bill will impact state employees.

Just several hours after the protest, the Senate on Tuesday also approved House Bill 421, removing “gender” in state law, and House Bill 538, which would prevent public employees from being required to use people’s preferred pronouns. LGBTQ+ advocates said House Bill 538 would create hostile work environments for transgender and nonbinary employees.

A legislative panel advanced both bills to the Senate floor despite hearing testimony mostly in opposition. They will now need to be signed into law by Little.

“We wanted specifically lawmakers to be able to see the hearts and to hear what we have been trying to tell them all session,” De León told the Statesman. “It feels like they have not been listening, so we wanted to come bring the hearts to them.”

The Rev. Sara LaWall, with the Boise Unitarian Universalist Fellowship and mother to a transgender child, said she hopes that legislators see how many Idahoans they are affecting.

“These represent people that they are hurting with their legislation,” LaWall told the Statesman. “It has real, devastating consequences and impacts.”

Senate passes anti-LGBTQ+ bills

Legislators plowed through a significant number of bills while working late into the evening Tuesday. Two of the bills passed by the Senate were those considered by the ACLU of Idaho to be an attack on members of the LGBTQ+ community.

Senators voted 26-8 in favor of House Bill 421, sponsored by Rep. Julianne Young, R-Blackfoot, which would require gendered terms like “boy,” “father” and “mother” be used to only refer to a person’s sex at birth, the Idaho Statesman previously reported.

In schools, employees would not be required to use students’ preferred pronouns without written permission from their parents. The bill includes an exception for those born with “developmental or genetic anomaly.”

“Gender is referenced 32 times in Idaho code — 32 times. And every single time, it is in reference to the biological sex,” Sen. Ben Adams, R-Nampa, said on the floor.

But Sen. Mary Shea, D- Pocatello, said the legislation is harmful and “intended to dictate gender policy in Idaho.” She also pointed out the potential cost of passing it.

“Idaho has already lost twice civil rights litigation concerning gender identification on birth certificates,” said Shea, who is serving as a substitute for Sen. James Ruchti, D-Pocatello. “By our calculation, we have paid approximately $14 million over the last decade trying to defend statutes like this one. I’m really concerned about what this is going to mean for Idaho taxpayers.”

Senators also voted 25-9 in favor of the bill.