Court Lifts Injunction in Place Since 2018 Blocking Idaho Birth Certificate Law

BOISE, ID — A federal court has lifted an injunction in place since 2018 that prevented Idaho from enforcing a state law governing changes to sex markers on birth certificates, according to the Idaho Office of the Attorney General.

Chief U.S. Magistrate Judge Raymond E. Patricco granted a motion to dissolve the injunction, allowing the Idaho Department of Health and Welfare to enforce the law for the first time since the court order was issued.

The policy was initially challenged in federal court in 2018, resulting in an injunction that required the state to process requests to change sex markers on birth certificates based on gender identity. Although the Idaho Legislature codified the policy into law in 2020 and later amended it in 2024, enforcement remained blocked by the court order.

The attorney general’s office filed a motion in October 2025 seeking to dissolve the injunction, citing two 2025 U.S. Supreme Court rulings. One decision limited the ability of federal courts to issue universal injunctions affecting individuals who are not parties to a lawsuit. The second ruling found that laws regulating sex-based classifications apply equally and do not constitute discrimination based on transgender status.

Under Idaho law, corrections to material facts on a birth certificate must follow defined procedures. Requests made within one year of birth require a notarized affidavit stating the information was recorded incorrectly. After one year, changes require a court proceeding demonstrating fraud, duress, or a material mistake of fact. These requirements apply to all requests to amend biological information on birth certificates.

The parties involved in the case filed a joint stipulation agreeing to dissolve the injunction, which Judge Patricco ordered on January 8, 2026.

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