Idaho Code
Idaho Code

Idaho Code § 18-8901 (2026)

use of public funds for gender transition procedures prohibited. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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use of public funds for gender transition procedures prohibited. 

(1) For the purposes of this section, "exempted surgical operations or medical interventions" means a surgical operation or medical intervention that is:

(a)  Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner, except that a surgical operation or medical intervention is never necessary to the health of the minor or adult on whom it is performed if it is for the purpose of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex;
(b)  For the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition procedures, whether or not the procedures were performed in accordance with state and federal law; or
(c)  Performed in accordance with the good faith medical decision of a parent or guardian of a child or an adult born with a medically verifiable genetic disorder of sex development, including:
(i)   A person with external biological sex characteristics that are ambiguous and irresolvable, such as a person born having 46, XX chromosomes with virilization, 46, XY chromosomes with undervirilization, or with both ovarian and testicular tissue; or
(ii)  When a physician has otherwise diagnosed a disorder of sexual development in which the physician has determined through genetic testing that the minor or adult does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.
(2)  Public funds shall not be used, granted, paid, or distributed to any entity, organization, or individual for the provision or subsidy of any surgical operation or medical intervention described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except for exempted surgical operations or medical interventions.
(3)  Any amount paid by an entity, organization, or individual during a taxable year for the provision of surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult shall not be tax-deductible, except exempted surgical operations or medical interventions.
(4)  The Idaho medicaid program shall not reimburse or provide coverage for the use of the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(5)  No physician or other health care professional in the course and scope of employment by the state or a county or local government may provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(6)  No state property, facility, or building may be used to provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(7)  Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable pursuant to section 18-5702, Idaho Code.
Notes of Decisions
Cited in 15 cases (15 in the last 5 years), 2024–2026 · leading case: Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho July 1, 2024).
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Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho July 1, 2024). · cites it 16× “BACKGROUND Late in the afternoon on Friday, June 28, 2024, Plaintiffs initiated this suit, levying a civil rights and constitutional challenge to Idaho Code § 18-8901 (“§ 18-8901”).1 Dkt.”
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho Dec. 31, 2024). · cites it 7× “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and (ii) more recently via their Amended Complaint, Idaho Code §§…”
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho June 29, 2024). · cites it 5× “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and now via their Amended Complaint (ii) the more-recently enacted…”
Robinson v. Labrador, 747 F. Supp. 3d 1331 (D. Idaho 2024). · cites it 5× “BACKGROUND Idaho Code § 18-8901 (the “Act”) took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho Dec. 2, 2024). · cites it 5× “BACKGROUND Plaintiffs Katie Heredia and Rose Mills2 are challenging Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho Dec. 3, 2024). · cites it 5× “BACKGROUND Plaintiffs Katie Heredia and Rose Mills2 are challenging Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho Mar. 3, 2025). · cites it 5× “BACKGROUND Plaintiffs Katie Heredia and Rose Mills2 are challenging Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho May 30, 2025). · cites it 5× “Katie Heredia and Rose Mills2 are challenging Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho Aug. 29, 2025). · cites it 5× “Heredia2 challenges the constitutionality of Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson, No. 1:24-cv-00306 (D. Idaho Nov. 25, 2025). · cites it 5× “BACKGROUND As the Court has discussed extensively in its five prior Orders, Plaintiff Katie Heredia3 challenges the constitutionality of Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Cole Robinson v. Raul Labrador, No. 1:24-cv-00306 (D. Idaho Feb. 27, 2026). · cites it 5× “Heredia3 challenges the constitutionality of Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Robinson, No. 1:24-cv-00306 (D. Idaho June 12, 2026). · cites it 4× “BACKGROUND Plaintiffs are a class of transgender individuals in the custody of the Idaho Department of Corrections (“IDOC”) who challenge the constitutionality of Idaho Code § 18-8901 (the “Act”). They allege the Act, which prohibits the use of public funds for medical…”
Show all 15 citing cases →
Idaho Code § 18-8901(1)(a): 1 case
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho June 29, 2024). “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and now via their Amended Complaint (ii) the more-recently enacted…”
Idaho Code § 18-8901(2): 12 cases
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho June 29, 2024). “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and now via their Amended Complaint (ii) the more-recently enacted…”
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho Dec. 31, 2024). “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and (ii) more recently via their Amended Complaint, Idaho Code §§…”
Edmiston v. Wagner, No. 1:25-cv-00051 (D. Idaho May 29, 2025).
Robinson v. Labrador, 747 F. Supp. 3d 1331 (D. Idaho 2024). “BACKGROUND Idaho Code § 18-8901 (the “Act”) took effect on July 1, 2024.”
Robinson v. Labrador, No. 1:24-cv-00306 (D. Idaho Dec. 2, 2024). “BACKGROUND Plaintiffs Katie Heredia and Rose Mills2 are challenging Idaho Code § 18-8901 (the “Act”), which took effect on July 1, 2024.”
Idaho Code § 18-8901(4): 2 cases
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho June 29, 2024). “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and now via their Amended Complaint (ii) the more-recently enacted…”
M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho Dec. 31, 2024). “They bring this action to challenge (i) Idaho Medicaid’s original policy of denying gender-affirming care for transgender individuals seeking treatment for gender dysphoria (the “Medicaid Exclusion Policy”), and (ii) more recently via their Amended Complaint, Idaho Code §§…”
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