Federal Judge Blocks Idaho Law on Transgender Restroom Use

A federal judge has decided to partially halt an Idaho law that would impose prison sentences on transgender individuals using the wrong restroom, as outlined in court documents.

Chief U.S. District Judge Amanda Brailsford, who was appointed by President Joe Biden in 2023, issued a preliminary injunction against House Bill 752 (HB 752) to temporarily prevent criminal penalties for some restroom use. Idaho’s Republican Governor Brad Little had signed HB 752 into law on May 31 after it was passed by Republican lawmakers in March. Essentially, the law targets transgender individuals for “knowingly entering” restrooms designated for the opposite biological sex in government buildings and public spaces. The Attorney General of Idaho, Raul Labrador, criticized the injunction and stated that his office would appeal it.

This injunction specifically prevents enforcement against those who identify as transgender under certain conditions, like if a restroom is designated for single-person use or if no single restrooms are available on the same floor.

Brailsford also noted that the plaintiffs were not seeking an injunction regarding locker rooms.

HB 752 would classify a first offense as a misdemeanor, potentially leading to up to a year in county jail, while a second offense within five years could mean felony charges and up to five years in state prison. The law was poised to take effect on July 1, prior to this ruling.

The judge indicated that the plaintiffs were likely to succeed in their argument that the law is “unconstitutional and vague,” asserting that it doesn’t provide clear standards for enforcement. Furthermore, she pointed out the challenges law enforcement might face in determining an individual’s “biological sex.”

Scott Herndon, a former Republican Idaho Senator and co-author of the bill, described the injunction as a significant setback. He argued that it would protect women and girls in vulnerable situations.

However, the judge dismissed concerns about safety, agreeing with plaintiffs that existing Idaho laws already address those issues. According to her ruling, only one case involving a transgender person—over a decade ago—had been prosecuted under Idaho law, meaning the law’s justification was tenuous at best.

In response to the ruling, Labrador maintained that the judge misrepresented the state’s position. He reassured that Idaho’s law still applies in most circumstances and that the injunction is limited to specific situations.

Kel Olson from Lambda Law, representing the plaintiffs, hailed the ruling as a victory for transgender individuals, allowing them to access public restrooms without the fear of arrest, though they aim to permanently invalidate the law.

This decision stems from a lawsuit filed by six transgender individuals in Idaho on April 29, claiming the law violates the Equal Protection and Due Process rights guaranteed by the Fourteenth Amendment.