Six Transgender Idahoans Sue State Over Strictest Bathroom Ban

BOISE, Idaho — Six transgender Idaho residents sued the state in federal court this week, challenging House Bill 752, the strictest bathroom ban in the U.S., signed into law by Gov. Brad Little last month. The law, effective July 1, prohibits using restrooms, locker rooms or changing areas in government buildings and public accommodations like private businesses that do not align with a person's sex assigned at birth. First offenses carry misdemeanor charges with up to one year in jail; repeat violations become felonies punishable by up to five years in prison.

The plaintiffs, backed by the American Civil Liberties Union and Lambda Legal, contend the ban is unconstitutionally vague, discriminates based on sex and transgender status, and infringes on privacy rights by forcing disclosure of transgender identity. They describe an impossible choice: risk harassment, assault or arrest in public restrooms matching their gender identity, or avoid public life altogether, leading to emotional harm, worsened gender dysphoria and health issues like urinary tract infections. The suit names state officials and prosecutors from Idaho's 44 counties as defendants, seeking a declaration of unconstitutionality and an injunction to block enforcement.

HB 752 sponsor Rep. Ben Toews argued in March the measure protects women and children, applying broadly to "places of public accommodation" with limited exceptions for janitorial duties, emergencies, child assistance or dire need. ACLU senior staff attorney Barbara Schwabauer called it "a dangerous and discriminatory effort to push transgender people out of public life," highlighting struggles to find gender-neutral facilities in daily routines across Idaho communities. The case, filed in U.S. District Court in Boise, escalates Idaho's push on restrictive gender policies amid national debates.