Federal Judge Blocks Idaho Law on Transgender Bathroom Access

A federal judge has temporarily halted an Idaho law that limits transgender people’s access to bathrooms, asserting that certain aspects of the law likely breach constitutional rights.

In a 30-page decision, Judge Amanda K. Brailsford, appointed by Biden, issued a preliminary injunction against House Bill 752 while legal disputes continue. This ruling also extends protections to transgender residents beyond the initial plaintiffs by granting interim class action status.

Judge Brailsford raised concerns about how law enforcement would identify an individual’s “biological sex,” suggesting the law’s enforceability was impractical.

This decision was a significant setback for Idaho lawmakers and supporters of the bill, who viewed it as a practical measure for public restroom privacy and safety.

However, the ruling pointed out critical issues, as Brailsford noted the law’s ambiguity, which could lead to potential discriminatory enforcement. The case was initiated by a group of transgender individuals from Idaho, backed by the American Civil Liberties Union, ACLU of Idaho, and Lambda Legal.

The ACLU and its Idaho Legal Director, Paul Carlos Southwick, applauded the ruling, emphasizing that it allows transgender Idahoans to engage in public life without anxiety about legal repercussions.

“This ruling means transgender people in Idaho can continue to participate in public life without fear of being arrested for using the restroom,” Southwick stated in a release. “Trans-Idahoans are understandably worried that this unconstitutional law would disrupt their everyday lives. This decision should help alleviate some of that concern.”

Kel Olson, an attorney with Lambda Legal, pointed out that constitutional safeguards necessitate clearly defined laws, particularly regarding potential criminal penalties.

“Our Constitution provides essential protections against vague laws that could force police to make arbitrary enforcement decisions, especially when incarceration is at stake,” Olson remarked. “Today, the court acknowledged this risk and granted relief to the plaintiffs. While this ruling allows transgender individuals in Idaho to find and use public restrooms without fear of arrest, our legal efforts to permanently invalidate this discriminatory law will continue.”