ACLU challenges Idaho’s law criminalizing transgender bathroom use

BOISE, Idaho (KIFI) — The ACLU of Idaho filed a federal lawsuit Thursday challenging House Bill 752, an expansion of Idaho's existing trans bathroom ban that criminalizes the use of public restrooms and locker rooms that do not align with an individual’s biological sex.

The law takes effect on July 1, 2026. Representing six transgender Idahoans, the ACLU of Idaho argues the law violates the plaintiff's constitutional rights to due process, equal protection, and privacy, characterizing it as an "unconstitutional intrusion on the fundamental rights of Idahoans."

Understanding House Bill 752

House Bill 752 marks a significant expansion of Idaho’s 2023 school bathroom ban, Senate Bill 1100. The new legislation covers nearly all public spaces, including libraries, rest stops, airports, and hospitals.

Under the statute, anyone who "knowingly or willfully" enters a bathroom not corresponding to their biological sex could face criminal charges. A first-time offense is a misdemeanor, while a second violation is classified as a felony.

The ACLU of Idaho argues that the new law is the most restrictive in the nation. While nine states and Puerto Rico have enacted trans bathroom bans, Idaho is the only state to apply the restriction to private businesses. Meanwhile, of the three states with criminal penalties attached to their bans, Idaho's ban carries the steepest criminal charges in terms of prison sentences for violations.

Paul Carlos Southwick, legal director for the ACLU of Idaho, argues that the bill has a "clear discriminatory intent."

"The law invites intrusive stops, questioning, and even detention based on appearance alone. It also pushes the government into one of the most private areas of our lives, undermining the basic Idaho value that people should be left alone in matters of personal privacy," said Southwick.

Governor Brad Little signed the bill following landslide victories in the legislature, where it passed 54-15 in the House and 27-7 in the Senate.

While critics have argued the bill targets trans Idahoans, the bill’s sponsor, Senator Ben Toews (R-Pocatello), defended the measure as a "common-sense" protection for women and girls.

"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.

Impact on Transgender Residents

For the plaintiffs named in the lawsuit, the new law presents a choice between criminal risk and potentially leaving the state entirely. Diego Fable, a transgender man, argues that the law would cause suspicion and conflict for Idahoans who've transitioned.

"I've been enjoying life as a man, and using the men's restrooms hasn't been a big deal. But this law would force me to use the women's facilities, and doing so would only invite suspicion, questions, and raised eyebrows," said Fable. "I would have to face tough choices every time I leave my home."

Amelia Milette, a transgender woman and fellow plaintiff, echoed these fears.

"I now have to evaluate every social activity I participate in against the risk I'll experience if I need access to a bathroom facility," said Milette. "This new law does not protect anyone. It only puts people like me in danger.” 

A Continuing Legal Battle in Idaho

This lawsuit marks the second major legal confrontation between the ACLU and the state over bathroom access. In 2023, the group challenged SB 1100, which requires K-12 public schools to maintain separate bathrooms, showers, and dressing areas based on a student's sex assigned at birth.

In March 2025, the Ninth Circuit Court of Appeals rejected a preliminary injunction, citing that the plaintiffs were "unlikely to succeed on the merits"of their objection to the law, according to reports by the Idaho Capital Sun.

Idaho Attorney General Raúl Labrador applauded the move to allow Idaho to enforce the law.

“Idaho’s law reflects common sense and biological reality, protecting all students’ privacy and safety in spaces like locker rooms and showers,” Labrador said in a written statement. “Every day, we see more examples of the harms of gender ideology, particularly to women and girls.”