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Labrador v. Poe

Description:  In 2023, Idaho enacted the Vulnerable Child Protection Act, protecting children from harmful and experimental drugs and procedures. The law supports children’s natural biological development by limiting procedures, like puberty-blocking drugs and body-altering surgeries, that can harm children diagnosed with gender dysphoria. But activists have sued the state and are attempting to block enforcement of the law.


A young girl with a therapist
Tuesday, Aug 20, 2024

WHO:  Alliance Defending Freedom attorneys

WHAT:  Available for media interviews following oral arguments in Labrador v. Poe

WHEN:  Immediately following hearing, which begins at 9 a.m. PDT, Wednesday, Aug. 21

WHERE:  U.S. Court of Appeals for the 9th Circuit, William K. Nakamura Courthouse, 1010 Fifth Ave., 7th floor, Courtroom 2, Seattle. To schedule an interview, contact ADF Media Relations Specialist Hattie Troutman at (771) 200-7630.

SEATTLE – Alliance Defending Freedom attorneys will be available for media interviews Wednesday at the U.S. Court of Appeals for the 9th Circuit following oral arguments in Labrador v. Poe. Idaho Attorney General Raúl Labrador, with the assistance of attorneys from ADF and Cooper & Kirk, are defending a commonsense state law enacted last year that protects children from harmful and experimental drugs and procedures.

Although activists challenged only certain parts of Idaho’s law, the Vulnerable Child Protection Act, a lower court stopped the state from enforcing the entire measure, prohibiting Idaho from protecting children from irreversible surgeries that disfigure their bodies and stop their natural development. The U.S. Supreme Court ruled in April that Idaho can enforce its law against everyone but plaintiffs and can protect children throughout the state as the case proceeds. The state is now asking the 9th Circuit to allow Idaho to fully enforce its law.

“The devastating consequences of drugs and procedures used on children with gender dysphoria are a preventable tragedy,” Labrador said. “The state has a duty to protect and support all children, and that’s why I’m proud to defend Idaho’s law that ensures children are not subjected to these life-altering drugs and procedures. Those suffering from gender dysphoria deserve love, support, and medical care rooted in biological reality. Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and we will do everything we can to protect them.”

“Idaho’s law rightly supports children’s natural biological development, ensuring that children experiencing gender dysphoria have a chance for comprehensive healing and compassionate mental health support,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch, who will be arguing before the court. “Respected authorities continue to find that the overwhelming majority of children will naturally resolve their dysphoria as they mature. And no reliable scientific evidence demonstrates that these dangerous medical procedures improve mental health. That’s why countries like Sweden, England, and Finland—which once recommended these procedures for children—are now restricting them and protecting children from the devastating effects they have had on countless lives. We are urging the court to allow Idaho to enforce its law.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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ABOUT John Bursch

John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.

ABOUT Jonathan Scruggs

Jonathan Scruggs serves as senior counsel and vice president of litigation strategy and the Center for Conscience Initiatives with Alliance Defending Freedom. In this role, he identifies new litigation opportunities and develops new strategies for protecting free speech and religious liberty in collaboration with the chief legal counsel and litigation team directors. As the leader for the Center for Conscience Initiatives, Scruggs oversees the litigation team defending the rights of professionals and business owners to live out their faith as well as the litigation efforts to protect equal opportunities for women in athletics. Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases that protect the right of people to freely express their faith in their business, at school, and in the public square. He earned his J.D. at Harvard Law School and is admitted to practice in the states of Arizona and Tennessee. Scruggs is also admitted to the U.S. Supreme Court and multiple federal district and appellate courts.