A learning opportunity for senators, ASUI opposes Idaho’s gender affirmation bill

Senators made significant effort to question their stance on gender-affirming care leading up to vote

Sen. Theodore Ertel leans his head on his hand | Daniel V. Ramirez | Argonaut

ASUI passed legislation on gender-affirming care, renter’s rights and voter suppression after much discussion.

Wednesday’s meeting concluded the ASUI Senate’s discussion on the implications of gender-affirming care with multiple senators and campus advocacy groups voicing their thoughts on the merits of protecting these treatments in Idaho.

In response to the continued rise in housing costs across Idaho, ASUI voiced support for a house bill that would adjust rental fees in the state. And after a renewed effort to change voter registration practices in the state, ASUI voted to oppose the state legislature’s bill that would require additional documentation for all Idaho voters.  

Gender affirming care 

Having introduced legislation in the previous meeting, ASUI finished its discussion of gender-affirming surgeries and hormone treatment for children in Idaho. Under Idaho House Bill 675, gender-affirming treatment would be made criminal under the state genital mutilation laws. 

ASUI’s resolution, authored by Vice President Katelyn Hettinga, declares such a classification as a move that “not only minimizes the devastating effects of genital mutilation, but also contributes to life-threatening stigma against transgender youth.” 

Director of the LGBTQA Office Julia Keleher attended the meeting to offer her perspective on the Idaho bill.  

“Five weeks ago, I took my first testosterone shot,” Keleher said. “I never thought in my lifetime that I could possibly embody a body that makes me feel the most comfortable in my skin, even though I’m a grown adult. After that first shot, my mental health, my partner, my family noticed it right away: that I just got happy.”  

Multiple senators noted that, over the past week, they took time to research and consult with friends, family and colleagues that were connected to the trans community to gain a more accurate picture of what the bill would mean for affected Idahoans.  

Sen. Nathanial Trachimowicz recalled a conversation he had with a trans cousin to get her perspective on the legislation.  

“I learned it’s more over their right to their body, it’s not…just a decision that you make, it’s more of how you feel on the inside,” Trachimowicz said. “After that conversation, I decided I’m going to (support the resolution).” 

Sen. James Hirai noted that the insight from those involved in LGBTQ+ organizations that attended the meeting helped provide certainty on where he stood on the resolution.  

“I was not sure how I was going to vote on this bill,” Hirai said. “Last week. I was definitely leaning towards voting against it. Throughout the week, I was kind of leaning more towards abstaining. However, I appreciate you all coming out tonight. You are heard, I am listening, and I just want everybody to know I will be voting in favor of this resolution.” 

Keleher closed her statements acknowledging that regardless of whether HB 675 ultimately passed, ASUI’s vote on the resolution would still send a message to trans youth in Idaho who are unsure of what spaces are truly safe for them. 

“(By) supporting this bill, you’re saying to the youth, these incoming students at the University of Idaho, that your identity matters even if some other people in the state say that they don’t,” Keleher said. “As one trans adult who is definitely not 17 anymore, I want to make sure that everyone lives to make a decision when they’re adults, even if people in power say that they can’t.” 

The resolution passed in a 9-1 vote, with one senator abstaining. 

Renter’s rights 

ASUI’s renter’s rights resolution offered support for legislation that is currently being debated in the Idaho House of Representatives. Idaho House Bill 617 is one such bill that seeks to change the way rental applications work in Idaho.  

Under the proposed bill, property owners would be unable to request or accept a rental application fee unless a rental unit is available, and the fee is intended to be put towards the available unit. Additionally, property owners would be required to disclose any of the criteria that will be used to determine whether a renter will be accepted including “criminal history, credit score, income, employment or employment history or rental history.” 

The bill similarly disallows property owners from both comparing applicants against each other as well as running multiple background checks at once, the latter of which opens the possibility for an applicant’s credit score to be negatively impacted through repeated inquiries. 

Though the ASUI resolution originally sought to oppose Idaho House Bill 624, which required landlords to provide tenants a 60-days notice prior to raising rent or choosing to not renew a lease, Sen. Martha Smith pushed for an amendment to maintain the current state code requiring a 30-days notice.  

While Smith noted that current state law allows for a three-day eviction process in situations where a tenant has not paid rent when it is due or where significant property damage has been incurred under a tenant, Smith noted that these notices must be delivered in writing in addition to documentation outlining the damages and repairs that need to be addressed when applicable. 

“The damages, by default, would have to be pretty significant to even go down this route,” Smith said, adding that her opposition to the Idaho bill stems from a desire to see balance in the rental relationship. “For someone who hopes to own a rental in Moscow (I moved) to strike the section allowing for a 60-day rule because I believe it gives the proper balance between landlords and renters.” 

The amended legislation passed the senate in a unanimous vote. 

Voter suppression 

ASUI previously voted to oppose a bill that would bar Idahoans from engaging in same-day voter registration and require proof of citizenship and address verification. Similarly, ASUI voted to oppose House Bill 692, which replaces the previous bill and adds additional documentation requirements for Idaho voters.  

Under current Idaho standards, voters can register to vote when showing a driver’s license with an address in the proper precinct or by providing photo identification in addition to proof of residency. Idaho HB 692 would create additional barriers to registration by requiring photo identification, proof of residence as well as proof of citizenship. 

The bill notably excludes Student Identification Cards as a form of photo identification accepted for registering to vote. 

“The only available forms of proving that residency is through a utility bill or lease agreement (or proof that) you paid your property taxes,” Director of Legislative Affairs Lydia McRoberts said. “A W-2 does work, but if you don’t have a job, there’s really no way for young people to prove that they live here other than their driver’s license or identification cards.” 

Royce McCandless can be reached at [email protected] or Twitter @roycemccandless 

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