Idaho law mandating sex-specific facilites in public schools upheld by 9th Circuit Court

BOISE, Idaho (KIFI) - The 9th Circuit Court of Appeals ruled Thursday to uphold an Idaho law mandating all Idaho "public schools maintain separate bathrooms, locker rooms, showers, dressing areas,
and overnight accommodations for biological boys and biological girls."

According to a press release, Idaho Attorney General Raúl Labrador, together with attorneys from Alliance Defending Freedom, asked the 9th Circuit in December to uphold a district court decision affirming the law while the case proceeds.

“Idaho’s law reflects common sense and biological reality, protecting all students’ privacy and safety in spaces like locker rooms and showers,” Attorney General Labrador said. “Every day, we see more examples of the harms of gender ideology, particularly to women and girls.  We applaud the court’s decision to allow our State Board of Education to continue its job of preserving each student’s privacy, dignity, and safety and providing a quality education for Idaho’s children.”

State Activists Stall Idaho's "Common Sense Law"

Senate Bill 1100, or Idaho's common-sense law, was widely passed by the Idaho Legislature in March of 2023 with 87 lawmakers voting for and only 17 lawmakers voting against the legislation. The bill was signed by Governor Brad Little shortly after and took effect in July of the same year.

Under the law, schools became liable if they allowed students to use facilities or restrooms that did not match their biological sex.

A transgender Idaho student, referred to by the pseudonym "Rebbeca Roe," and activists filed a lawsuit after the bill's passage against Idaho State Superintendent of Public Instruction Debbie Critchfield and the State Board of Education, demanding that K-12 public schools allow students to use the facilities that align with their "gender identity."

A lower court upheld Idaho’s Common-Sense Law, but activists appealed to the 9th Circuit and obtained an injunction pending appeal, which halted enforcement of the law.

The 9th Circuit opinion reversed its prior order, dissolved the injunction that was in place, and allowed Idaho’s law to take effect while the case proceeds.

“Idaho’s law protects every student’s dignity and worth by respecting their privacy and safety in locker rooms, showers, restrooms, and overnight stays,” said ADF Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practice, who argued the case before the 9th Circuit. “Girls and boys each deserve a private space to shower, undress, use the restroom, and sleep, and they shouldn’t have to worry about sharing these spaces with a member of the opposite sex. Girls and boys are biologically different, and we agree with the court’s decision to protect young students’ privacy and dignity by upholding Idaho’s law that recognizes their differences and accommodates each unique student.”

In its opinion in Roe v. Critchfield, the unanimous 9th Circuit saw “no argument at this stage that [Idaho law’s] mandatory segregation of [showers and overnight stays] on the basis of ‘biological sex’ is not substantially related to the State’s interests in: (1) not exposing students to the unclothed bodies of students of the opposite sex; and (2) protecting students from having to expose their own unclothed bodies to students of the opposite sex.”