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Idaho Legislature Passes Broad Restroom Access Bill; Federal Judge Blocks Enforcement of Similar Existing Law

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Idaho Restroom Access Laws in Flux: Federal Injunction Blocks One Law as Legislature Passes Broader Ban

The legal landscape regarding restroom access in Idaho is currently in flux, with one law blocked and another awaiting potential action by the governor.

Idaho’s H.B. 752 Blocked by Federal Court

A federal judge has granted a preliminary injunction blocking the enforcement of Idaho's H.B. 752. This law, signed by Governor Brad Little and set to take effect July 1, would have prohibited individuals from using sex-designated public restrooms that do not match their sex assigned at birth. The law applied to both government buildings and private businesses open to the public.

Penalties under H.B. 752:

  • First offense: Misdemeanor, punishable by up to one year in prison.
  • Second offense: Felony, punishable by up to five years in prison.

The injunction was issued in response to a lawsuit filed in April 2026 by six transgender Idaho residents. The plaintiffs, represented by the ACLU, Lambda Legal, and other firms, alleged the law violated their rights to due process, equal protection, and privacy.

Law enforcement groups expressed opposition to H.B. 752, citing the difficulty for officers to determine an individual's sex at birth without invasive questioning during field contacts.

New, Broader Legislation Passes the Legislature

Following the court’s action on H.B. 752, the Idaho legislature passed a new bill that criminalizes transgender individuals for using public restrooms, locker rooms, or changing areas that align with their gender identity in any "place of public accommodation," including privately owned businesses.

Key Provisions of the New Bill

  • A first offense would be a misdemeanor, punishable by up to one year in jail.
  • A second offense would be a felony, punishable by up to five years in prison.
  • The bill includes nine exceptions, including for janitorial work, emergency responders, supervising inmates, assisting children, and situations of "dire need" for a restroom when no other option is reasonably available.

Comparison to Other States

While at least 19 states, including Idaho, have laws restricting bathroom access in schools or certain public places, this new Idaho bill is described as the broadest due to its application to all public accommodations, including private businesses. Three other states (Florida, Kansas, Utah) have criminalized violations in certain circumstances.

Legislative Intent and Sponsor’s Statement

Republican Senator Ben Toews, the bill’s sponsor, stated the legislation is intended to address "safety" and "decency," emphasizing the sex-separation of private spaces like restrooms to ensure privacy and security. He stated the bill is not intended to target specific groups but to protect women and children and to address concerns about sexual predators.

Opposition and Concerns

Law Enforcement Opposition:

  • The Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association oppose the bill.
  • They expressed concerns about practical difficulties of enforcement, such as requiring officers to visually determine biological sex or evaluate the level of "dire need."
  • An amendment requested by the Idaho Sheriff's Association to require a verbal warning before calling authorities was declined.

Legislator Concerns:

  • Republican Senator Jim Guthrie voted against the bill, questioning how transgender individuals are expected to comply without causing distress or breaking the law.
  • Democratic Senator James Ruchti compared the bill to historical discriminatory provisions in Idaho's Constitution.

Advocate Response:

  • The American Civil Liberties Union (ACLU) of Idaho has condemned the bill and urged Governor Brad Little to issue a veto.

Legislative Outcome

The bill passed the Senate 28-7 and the House 54-15 — a supermajority that could potentially override a gubernatorial veto.

Broader Context

A UCLA analysis found that transgender-inclusive restroom policies do not increase harassment or violence, while restrictive policies may increase risks for transgender individuals. The new Idaho bill is part of a broader national trend:

  • At least 25 states prohibit transgender women and girls from competing in some women's sports.
  • At least 27 states have laws restricting or banning gender-affirming care for minors.

This evolving legal situation in Idaho represents one of the most expansive state-level restrictions on transgender restroom access in the country, with implications for both public and private spaces.