The Idaho Department of Health and Welfare and Vital Statistics is collecting public comment on DHW Vital Statistics Rule 16-0208-1901 requiring Minors to seek a medical attestation before approval to change their gender marker on their Idaho birth certificate. 

The ACLU of Idaho supports Vital Statistics' rule 201. Completion and Correction of Certificates which permits adult transgender Idahoans to change the gender marker on their Idaho birth certificate to be consistent with their gender identity through self-attestation. In doing so, it affirms individuals' gender expression and provides for consistency among legal identity documents which in turn can reduce harassment and public safety threats for transgender Idahoans.

However, the ACLU of Idaho opposes the proposed rule change to section 201.06. Amendment of Indicator of Gender, (subsections a.ii(6) and b.) that singles out minors under the age of 18 to comply with an unnecessary medical attestation requirement in order for them to change the gender marker on their Idaho birth certificate.

A court order has cautioned the state from creating any new rule that would "subject one class of people to any more onerous burdens than the burdens placed on others without constitutionally-appropriate justification", including the need to provide medical evidence. Also, despite DHW's rationale for the inclusion of this amendment, stating that it ensures the veracity of information and "advances the public health, safety and welfare of minors...", there have been no known issues since the rule was implemented on April 6, 2018. In fact, at a May 16, 2019 Board of Health and Welfare meeting, James Aydelotte, in his official capacity as State Registrar and Chief of the Bureau of Vital Records and Health Statistics, reported that within the year the DHW has administered the rule, 15 minors have successfully applied to change their gender marker on their birth certificate without the proposed medical attestation requirement, with no documented complications.

There are several ways to provide comment on DHW Vital Statistics rule docket 16-0208-1901:

  1. Attend and public hearing and provide a comment in person. 
  2. Provide written comment via email or post.
  3. Provide comment via call-in number (During Boise public hearing only).

Provide in-person comment at a public hearing.

DHW will hold five public hearings around Idaho:

Lewiston - Thursday September, 19, 2019, 1:00-3:00 PM (PDT)
Lewiston State Office Building, 3rd Floor Conference Room
1118 F Street Lewiston, ID 83501

Coeur d'Alene - Friday September 20, 2019, 9:00-11:00 AM (PDT)
Region I Office, Large Conference Room
1120 Ironwood Drive 
Coeur d'Alene, ID 83814

Boise - Monday September 23, 2019 9:00-11:00 AM (MDT)
Medicaid Central Office, Conference Rooms D East and D West
3232 Elder Street 
Boise, ID 83705

Twin Falls - Tuesday, September 24, 2019, 2:00-4:00 PM (MDT)
Region V Office, Conference Room A 
601 Poleline Drive
Twin Falls, ID 83301 

Idaho Falls - Wednesday, September 25, 2019, 9:00-11:00 AM (MDT)
Region VII Office, 2nd Floor Conference Room 
150 Shoup Ave. 
Idaho Falls, ID 83402

Provide written comment via email or post.

DHW will accept written comments until Wednesday, September 25, 2019.

Send email comments to:

dhw@dhw.idaho.gov

Send comments via post to:

DHW Rules Unit 
450 W State Street 
Boise, ID 83702

Provide comment via phone (Boise hearing only).

DHW will accept comments via phone only during the Boise public hearing on Monday, September 23, 2019 from 9:00 to 11:00 AM (MDT)

Call-in number:

1877-820-7831

Participant Passcode:

164191#

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