By Attorney General Raúl Labrador
Dear Friends,
For seven years, Idaho has been blocked from enforcing a law requiring birth certificates to reflect biological facts recorded at birth. That block, known as an injunction, was imposed in 2018 by a federal court in Idaho. But recent Supreme Court decisions have changed the legal landscape, and now we’re asking that court to lift the block and let Idaho enforce our law.
Birth certificates aren’t symbolic documents. They’re legal records used in medicine, public health research, and identification. Biological sex determines medication dosages, disease susceptibility, and treatment protocols. Accurate data saves lives. Replacing facts with ideology doesn’t just confuse records. It endangers patients and undermines science itself.
The Idaho Legislature updated our law in 2024 to provide clear procedures for correcting genuine errors on birth certificates, whether it’s date of birth, birth weight, or otherwise, when material facts were incorrectly recorded due to fraud, duress, or mistake of fact. The law treats all Idahoans equally by requiring the same amendment process for everyone.
Our motion to lift the 2018 injunction rests on three major legal developments. First, the Supreme Court ruled this year in Trump v. CASA that federal courts lack authority to issue universal injunctions affecting people beyond the specific parties in a lawsuit. Notably, the Court cited our own case, Poe v. Labrador, case six times when establishing that framework. The legal work we did in that earlier case directly contributed to ending the era of nationwide injunctions, and now that principle supports dissolving the 2018 block on Idaho’s birth certificate law.
Second, the Supreme Court clarified in United States v. Skrmetti that laws like Idaho’s don’t discriminate based on transgender status because they apply equally to everyone. This means our law is subject only to rational basis review, which it passes.
Third, Idaho’s 2024 law addresses any previous concerns by establishing clear procedures for correcting genuine errors while maintaining the integrity of vital records.
This fight also extends beyond Idaho’s borders. We recently led a coalition of states defending Puerto Rico’s authority to maintain accurate birth certificates. A federal district court there ordered Puerto Rico to allow an “X” marker on birth certificates for individuals identifying as nonbinary. That decision, if upheld, could set a precedent forcing every state to follow suit.
When a federal court makes a constitutional ruling, even in a U.S. territory, it can affect every state in the nation. If Puerto Rico loses its authority to maintain birth certificates that reflect biological reality, Idaho and 33 other states with similar laws could face the same judicial overreach. That’s why we led that amicus brief, because bad precedent anywhere threatens good law everywhere.
The reasoning used by that Puerto Rico court creates an impossible situation. If states must recognize every claimed gender identity, there would be no limiting principle. Some activist organizations now recognize hundreds of identities. Under that logic, vital records could lose all meaning and accuracy.
Today, 34 states, including Idaho and Puerto Rico, maintain laws that recognize biological truth. Federal courts should respect those judgments, not override them.
Idaho will always stand for truth and biological reality. Birth certificates record facts that matter in law, medicine, and public record. As long as I’m your Attorney General, we will defend science, law, and common sense, because protecting Idaho families means protecting the truth that keeps them safe.
Best regards,
About Raúl Labrador
Raúl Labrador is the 33rd Attorney General of Idaho. The Office of the Attorney General provides legal representation for the State of Idaho. This representation is furnished to state agencies, offices and boards in the furtherance of the state's legal interests. The office is part of state government’s executive branch and its duties are laid out in the Idaho Constitution.
