Idaho Senate passes bill criminalizing use of public bathrooms not matching biological sex
BOISE, Idaho (KIFI) — A controversial proposal that would criminalize those using public bathrooms that don't match an individual's biological sex is heading to Governor Brad Little's desk. House Bill 752 passed the Idaho Senate on Friday morning. Should Governor Little sign it, it would mark a significant expansion of the state's existing trans bathroom ban.
While the 2023 law already mandates that Idaho schools regulate bathrooms and locker rooms based on biological sex, HB 752 would extend these restrictions to all government and public buildings.
Under the proposed legislation, it would be illegal for any individual to "knowingly or willfully" enter a bathroom or locker room that does not correspond with their biological sex. The bill introduces strict criminal consequences. A first-time violation is classified as a misdemeanor, while a second offense would be a felony.
The bill has sparked a fierce divide within the Statehouse. Opponents have lambasted the legislation as an 'unacceptable and discriminatory misuse of the criminal justice system.'
Supporters argue the bill is meant to keep women and girls safe and keep biological men out of areas designed for women. The bill's sponsor, Senator Ben Toews, R-Pocatello, says he believes the legislation is a matter of protecting Idahoans.
"Actually, what we are trying to solve here is not targeting any group of people or one person. It's dealing with sexual predators and very real issues," Toews told lawmakers.
The bill faced unanimous opposition from the Senate's six Democrats, joined by one Republican holdout, Senator Jim Guthrie (R-Pocatello). Guthrie questioned the practicality and humanity of the mandate, arguing that transgender people will get in trouble no matter what they do.
"We seem to be really focused on this space and ignoring the fact that there are people just like us," Guthrie argued. "What are they supposed to do? I think stuff like this is harmful."
ACLU Calls for Gubernatorial Veto
Immediately following the vote, the ACLU of Idaho issued a statement calling on Governor Brad Little to veto the bill, labeling it "dangerous and unprecedented."
“This bill’s proposed punishments for using public facilities are extreme and unnecessary. A trans person who enters a restroom that aligns with their gender identity could receive the same punishment as someone convicted of a violent crime," said ACLU of Idaho spokesperson Taylor Munson.
The ACLU further argued that the government's responsibility is to protect the dignity and freedom of all Idahoans, regardless of gender identity. Governor Little now has 5 working days to sign or veto the bill. If the governor does not sign or veto the bill within five days, while the legislature is in session, the bill automatically becomes law without a signature.
