Category: Idaho

Boise City Council approves resolution adopting pride flag as official flag amid state law tensions

*This is reported by KTVB.

On Tuesday, Boise City Council members approved a resolution designating three flags, including the Pride flag, as official flags of the City of Trees.

The vote comes amid ongoing tensions between Boise Mayor Lauren McLean and the Idaho Attorney General over a new state law, House Bill 96, which regulates which flags local governments can display.

“A city should be able to put up flags at various times for whatever reason the community might want,” community member Patti Raino said, “and this is a community that supports, certainly pride. Has always supported pride.” 

Hundreds of people showed up to rally in support of the city before the meeting started. About a dozen of those were protestors against the resolution — including Robert Coggins. 

“I’m just a native Idahoan,” he said. “I feel like I do not have a voice, and this mayor does not let me have a voice. I think [the flag is] exclusionary. It doesn’t represent me.” 

Council President Colin Nash, who sponsored the resolution, said it would help “memorialize” flags the city flies and ensure compliance with state law.

“It’s important for us, not only to communicate to any law enforcement that might be interested, but also to the public that we’re doing this out of a sense of duty, rather than defiance of the state legislature,” Nash said before the vote.

Nash added the flags represent the city’s values and responsibilities. 

“This is our lawful expression of our dedication to ensuring all members of our community feel seen, respected, and welcome,” he said. “I think there is an expectation among the opponents of it, that the government should remain neutral in issues like this. I’m not neutral on defending marginalized neighbors.”

The resolution includes not only the Pride flag but also designates the blue City of Boise flag and the white organ donor flag honoring National Donate Life Month as official city flags.

City officials say the resolution acknowledges and formally ratifies that flags flown at Boise City Hall comply with Idaho state law.

The council meeting did not include public testimony on the resolution. During the council discussion, McLean reminded the public in attendance they could not speak after several members of the audience made comments towards the council. 

The city announced last week, attorneys from Holland & Hart have volunteered to represent Boise pro bono if any legal action is taken against the city regarding this matter. The volunteer legal team includes Erik Stidham, Jennifer Jensen, Alex Grande and Anne Haws.

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Idaho bill bans government from flying LGBTQ+ rainbow flags. Here’s how it impacts Boise

*This is being reported by the Idaho Statesman.

LGBTQ+ Pride flags in Boise’s North End remain in limbo after Idaho lawmakers passed a bill that bans the flags in some public spaces.

House lawmakers Friday approved amendments to House Bill 96, which allows government entities to display only certain flags, such as the official Idaho, U.S. and state flags. The bill still needs Gov. Brad Little’s signature to become law.

“The ultimate goal is for us to fly flags that unite and don’t divide,” said Sen. Ben Toews, R-Coeur d’Alene, during a floor debate.

Earlier this year, photographs given to legislators on the House floor included the Pride flags along Harrison Boulevard, where flags are flown during Pride Month in June, and at Boise City Hall. Boise spokesperson Maria Weeg said the bill would likely impact the city’s Pride flags, but in a later message told the Idaho Statesman that the city hasn’t officially engaged on the bill and “we don’t usually comment on bills that have not been signed into law.”

As written, the bill would ban the Harrison Pride flags, because the Ada County Highway District controls the medians, ACHD spokesperson Rachel Bjornestad previously told the Statesman. Those flags have been stolen or vandalized four years in a row. Proponents said the legislation is important to preserve neutrality, and even conservative flags would be banned. But critics said the bills target marginalized communities because it’s a direct response to the Pride flags flown in Boise.

“Now, when we want to celebrate and unite under this rainbow flag and support our community, that is going to be taken from us by the state,” said Senate Minority Leader Melissa Wintrow, D-Boise. “We welcome everyone in my district.”

The bill’s passage comes days after Little signed House Bill 41, which bans schools from displaying flags and banners that “promote political, religious or ideological viewpoints.” A week before, a Meridian teacher’s posters drew local and national headlines, according to previous Statesman reporting. West Ada School District officials had told Sarah Inama, a world civilization teacher, to take down two signs, including one with “Everyone is welcome here,” above hands of different skin tones.

Community members have responded by marking welcoming messages outside West Ada schools, according to previous Statesman reporting, as well as making and wearing shirts with the sign’s message. Utah this week became the first state to prohibit Pride flags in both schools and all government buildings.

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Republicans in 9 states are pushing measures to end same-sex marriage rights

*This was published by LGBTNation.com

Nine states are now seeing Republican efforts to overturn Obergefell v. Hodges, the 2015 Supreme Court decision that legalized marriage equality in all 50 states. This is a new trend; state Republican lawmakers have been focused on rolling back trans rights since 2020.

In five of the states — Idaho, Michigan, Montana, North Dakota, and South Dakota — Republican lawmakers have introduced resolutions calling for the Supreme Court to overturn Obergefell. Those measures have been passed by at least one chamber of the state legislature in Idaho and North Dakota.

In the four other states – Missouri, Oklahoma, Tennessee, and Texas – Republican legislators have introduced bills to privilege heterosexual marriages, with some of the states referring to a new institution called “covenant marriage,” which would be limited to heterosexual couples. The point there, according to the sponsor of one such bill in Oklahoma, is to create inequality in marriage rights between opposite- and same-sex couples and invite a legal challenge that could be taken to the Supreme Court to overturn Obergefell.

Two justices on the Supreme Court have openly stated that they want to overturn Obergefell, and the Court has moved to the right since 2015. Justices Ruth Bader Ginsburg, Anthony Kennedy, and Stephen Breyer were all in the Obergefell majority but have either retired or passed away in the last ten years. Only one was replaced by a Democratic president. It is not clear if there are the five votes needed to protect marriage equality on the Court if it were to take up a test case.

Thirty-five states have amendments or statutes banning same-sex marriage, and most would likely go into effect if the Supreme Court were to overturn Obergefell. Because of the 2022 federal Respect for Marriage Act, though, state and federal governments would have to recognize same-sex marriages performed in other states.

“It’s good to anticipate things that could happen in order that we do our best job preparing ourselves,” Jenny Pizer, chief legal officer of Lambda Legal, told LGBTQ Nation last month. “The bottom line for people is that, if there are things that you can do to secure your relationships, your family status and to take other protective measures, please do those things. Don’t be lulled into complacency by our informed and reasonably expert speculation about what may happen.”

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WATCH: Woman is forcibly removed from Idaho town hall meeting by plainclothes security workers

*This is being reported by PBS.

BOISE, Idaho (AP) — A Republican-hosted legislative town hall meeting in northern Idaho descended into chaos after three plainclothes security workers forcibly removed a woman who was heckling the speakers.

In the video player above, watch recent examples of Americans voicing their objections at town hall meetings, including Teresa Borrenpohl, who is shown being forcibly removed from an event in Kootenai County, Idaho, after interrupting a speaker.

The incident Saturday at Coeur d’Alene High School, first reported by the Coeur d’Alene Press, drew widespread attention after videos of the turbulence were posted online. Now more than $120,000 has been raised for Teresa Borrenpohl’s legal costs, and the police chief has asked to have the security firm’s business license revoked.

The city attorney’s office also dismissed a misdemeanor battery citation against Borrenpohl “in the interest of justice,” Coeur d’Alene Police Chief Lee White said Monday, and detectives are reviewing video to determine whether the security officers violated any laws.

Roughly 450 people attended the legislative town hall hosted by the Kootenai County Republican Central Committee, said the organization’s chairman Brent Regan. All of them were told that security officers were present, and that “anyone who refused to respect the rights of others would be removed from the event.”

Still, videos show cheers and jeers were erupting throughout the crowd at times — including when one lawmaker mentioned legislation that he said protected doctors from “being forced to do abortions.”

“Women are dying,” one person in the audience shouted. “And doctors are leaving our state!” another yelled. A moderator tried to quiet the crowd, scolding people for “popping off with stupid remarks.”

That’s when Borrenpohl, a Democratic legislative candidate who has run unsuccessfully in the deeply Republican region, began to shout as well.

“Is this a town hall, or a lecture?” she asked, others in the audience echoing the question.

By that point, Borrenpohl had been warned at least three times to stop interrupting the speakers, said Regan.

“We’re trying to respect the rights of the 450 people that were there to listen. One person can’t stand up to bring a halt to the whole event,” Regan said.

Kootenai County Sheriff Bob Norris, who was in plain clothes but wearing his badge on his belt, approached Borrenpohl. He introduced himself and told her to leave or she would be escorted out. Then the sheriff stepped back and began recording on his cellphone as three unidentified men approached and began grabbing Borrenpohl.

Tonya Coppedge, who was sitting behind Borrenpohl and shot video of the disruption on her cellphone, said the men refused her repeated requests to identify themselves. One of the men bent Borrenpohl’s wrist into a flexed position, and later Borrenpohl bit one of the men on the hand as he continued to grab her, Coppedge said.

“They were not very kind to her — it was pretty violent and traumatic,” Coppedge said.

Alicia Abbott, a friend of Borrenpohl’s who organized a GoFundMe on her behalf, said Borrenpohl has bruises from the incident. She suggested Borrenpohl was wrongly detained.

“Who were these people to detain Teresa in the first place?” Abbott asked. “This is not the first time we’ve seen this kind of security presence in public meetings or town halls. If they’re going to be detaining people, do they even have knowledge of the law? Are they trained to safely remove people?”

The men worked for the private security company LEAR Asset Management, based in Hayden, Idaho. Messages left for CEO Paul Trouette were not immediately returned. The men appeared to have violated Coeur d’Alene City ordinances, which require security personnel to wear uniforms with the word “Security” clearly marked “in letters no less than 1-inch tall on the front of the uniform.”

White, the police chief, told The Associated Press, said he had requested the revocation of company’s business licenses and the security agent licenses from the individuals who were involved.

Organizers arranged for extra security at the event after one of the lawmakers told them he had been facing death threats, Regan said. Rep. Jordan Redman, a Republican, had recently been threatened with bombings by an individual on social media, and so KCRCC notified the sheriff and arranged for security, Regan said. The Coeur d’Alene Police Department also had officers stationed in the parking lot outside.

On Monday, Kootenai County Undersheriff Brett Nelson released a statement saying the agency will have a “complete and independent investigation of the incident conducted by an outside agency.”

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Republican urges Supreme Court to reject and overturn same-sex marriage

This blog is originally appeared at LGBTQ Nation

Democrats labeled it “yet another example” of GOP extremists “stirring up divisive social issues to create problems where none exist.”

Republicans in Idaho’s House of Representatives are contemplating a formal statement urging the U.S. Supreme Court to reverse its landmark 2015 ruling that legalized same-sex marriage.

The resolution, proposed by Republican state Rep. Heather Scott, characterizes the court’s decision as an “illegitimate overreach.” Scott’s proposal calls for the restoration of the “natural definition of marriage,” despite the fact that various forms of marriage, including same-sex unions, have existed throughout history.

Rep. Heather Scott stated that the purpose of her resolution is to “affirm our state authority to regulate marriage” during a Tuesday hearing.

The 2015 Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage nationwide, following decades of LGBTQ+ activism. At the time of the ruling, many states still had bans on gay marriage, despite growing public support for such unions.

The decision, made by a 5-4 vote, preceded the appointments of three conservative justices during the presidency of Donald Trump—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Justices Clarence Thomas and Samuel Alito have since called for a reconsideration of the Obergefell decision.

While Scott’s resolution holds no legal authority, it will be forwarded to the Supreme Court for consideration. The state committee advanced it on Tuesday, and a public hearing will be scheduled at a later date.

State House Minority Leader Ilana Rubel (D) and Senate Minority Leader Melissa Wintrow (D) dismissed Scott’s resolution as a “sad distraction,” criticizing it as another attempt by the far-right of the Republican Party to “gin up divisive social issues to create problems where none exist.” They emphasized that “big government has no business telling consenting adults who they should love.”

They added, “This resolution may be a helpful gimmick for winning in closed GOP primaries, but it should be offensive to all Idahoans who value their individual rights and freedoms and just want to live their lives without egregious government interference.”

In 2021, Rep. Scott compared Idaho’s mask mandate to Nazi Germany’s policies. Despite a federal judge ruling that Idaho’s ban on same-sex marriage violates the U.S. Constitution, the ban remains on the books. Recent polling shows that more Idahoans support same-sex marriage than oppose it.

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Transgender prisoners in Idaho regain access to hormone therapy following a significant victory in federal court

This blog originally appeared at LGBTQ NATION.

A judge has overturned a state law that prohibited gender-affirming care in prisons and other settings.

On Tuesday, a federal judge issued a preliminary injunction halting an Idaho bill that banned gender-affirming care in state prisons. This decision allows incarcerated transgender individuals in Idaho to access hormone therapy once again.

In the ruling for Robinson v. Labrador, Judge David Nye of the U.S. District Court for the District of Idaho wrote, “Plaintiffs’ Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction is hereby GRANTED. The court certifies the protected class of all incarcerated persons in custody of the [Idaho Department of Corrections] who are, or will be diagnosed with Gender Dysphoria, and are receiving, or would receive hormone therapy. The Court enjoins enforcement of [H.B. 668]’s prohibition on the use of state funds for purposes of providing hormone therapy as against the class while this lawsuit is pending.”

H.B. 668, the bill in question, prohibited the use of public funds for any gender-affirming procedures, including hormone therapy and surgeries. Sponsored by Republican lawmakers in the House State Affairs Committee, the bill was signed into law in March of this year by Governor Brad Little (R).

The injunction applies only to the use of public funds for gender-affirming care in prisons and does not extend to non-incarcerated transgender individuals or gender-affirming surgeries.

In his ruling, Judge Nye supported the injunction by highlighting the plaintiffs’ strong arguments regarding the importance of gender-affirming care, the societal impact of such restrictions, and the consequences for transgender people across the state. Although he acknowledged areas where the plaintiffs’ case was lacking, he ultimately determined that the evidence justified the injunction.

Initially, Nye had denied the request to make the lawsuit a class action. However, after receiving data showing that 54 incarcerated individuals were receiving gender-affirming care and 70 had been diagnosed with gender dysphoria, he changed his stance.

The lawsuit involves two transgender women in prison, Katie Heredia and Rose Mills, both diagnosed with gender dysphoria and undergoing hormone replacement therapy. Their care was put at risk due to H.B. 668. The case was expanded into a class action lawsuit representing all known transgender prisoners in Idaho, with the ACLU of Idaho arguing that the ban constituted an Eighth Amendment violation.

The defendants in the case include Attorney General Raul Labrador, Governor Brad Little, Idaho Department of Corrections (IDOC) director Josh Tewalt, IDOC Chief of Staff Bree Derrick, and Centurion Health of Idaho.

Paul Carlos Southwick, legal director for the ACLU of Idaho, stated, “We are grateful that this class action lawsuit will protect the rights of both our plaintiffs and all incarcerated people diagnosed with gender dysphoria. People who are serving time have a right to access health care, adequate food, and housing conditions while in the state’s care, and we are grateful those rights were upheld today.”

LGBTQ Nation reached out to both the ACLU of Idaho and the Attorney General’s office for comment but had not received a response by the time of publication. This article will be updated as necessary.

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