Idaho Transgender Residents Sue to Block New Criminal Bathroom Law

House Bill 752, signed by Governor Brad Little on Transgender Day of Visibility, takes effect July 1. It criminalizes use of any public restroom that does not match a person’s sex assigned at birth in government buildings and other public accommodations. First-offense violations carry up to one year in jail; repeat offenses up to five years.

The Advocate

Six transgender Idaho residents filed a suit in the U.S. District Court for the District of Idaho, seeking a temporary injunction to stop enforcement. The ACLU and Lambda Legal represent them, with counsel Kell Olson and strategist F. Curt Kirschner, Jr. The complaint says the statute violates equal-protection and due-process guarantees and is vague, lacking definitions for “biological sex,” “reasonably available,” and “dire need.” Plaintiffs describe an “impossible choice”: using a restroom that matches gender identity risks arrest, while using one that does not risks harassment. They report limiting public outings, reducing food and water intake, and considering relocation. Resident Nikson Mathews testified about the daily calculation between safety and the threat of incarceration.

The Advocate

Idaho lawmakers say the measure protects privacy and safety in sex-segregated spaces, and Governor Little’s signing statement framed it as safeguarding “traditional values.” Law-enforcement groups warned officers lack a clear method to determine a person’s sex without invasive questioning, calling the law impractical to enforce and noting missing statutory definitions.

The Advocate

The ACLU and Lambda Legal argue House Bill 752 violates equal-protection and due-process guarantees, is overly vague, and duplicates statutes already addressing restroom misconduct. They note no evidence that allowing transgender individuals to use restrooms matching their gender identity creates safety risks, and that the punitive penalties constitute discrimination.

The Advocate

• “There can be no doubt that this law was intended to erase the very existence of Idaho’s transgender community,” — Kell Olson, Counsel, Lambda Legal

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• “752 forbid transgender Idahoans from using restrooms that match their gender identity, but it criminalizes those who do so, even when there is no gender-neutral option.” — Kell Olson, Counsel, Lambda Legal

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• “This law is a dangerous and discriminatory effort to push transgender people out of public life,” — Barbara Schwabauer, Senior Staff Attorney, ACLU LGBTQ & HIV Rights Project

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• “Do I feel like going to jail today, or do I feel like being attacked?” — Nikson Mathews, Transgender Idaho Resident

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The plaintiffs have asked the court for a temporary injunction to block enforcement of House Bill 752 before its July 1 effective date, seeking to maintain the status quo while constitutional challenges proceed.

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