Idaho lawmakers propose sweeping expansion of bathroom restrictions based on biological sex
BOISE, Idaho (KIFI) — Idaho lawmakers introduced two bills on Friday aimed at expanding existing restrictions on bathroom and locker room access based on biological sex.
The proposals, introduced in the Friday session of the House State Affairs Committee, seek to build upon Senate Bill 1100, the 2023 law that mandated public schools maintain separate facilities based on biological sex.
Proposed Criminal Penalties
The first bill, sponsored by Rep. Cornel Rasor (R-Sagle), would make it a misdemeanor to "knowingly and willingly" enter a restroom, locker room, or shower that does not align with one’s biological sex. A second offense within five years would lead to a felony charge.
"(This legislation is) faithful to Idaho values," Rasor stated. "Single-sex facilities have long existed to safeguard female privacy, safety, and bodily autonomy from male presence in vulnerable settings."
The committee voted 10-3 to move the bill forward. Rep. Stephanie Mickelsen (R-Idaho Falls) broke party lines to join the committee’s two Democrats in opposition. Critics argued that the bill overreaches by criminalizing being in a restroom when no wrongdoing has been done.
"It's a slippery slope to make laws about people being in a room," argued Rep. Monica Church, D-Boise. "We have laws...about peeping toms, about assault, about rape, about all those things."
Rep. Sagle argued the bill includes specific exceptions for custodial staff, emergency medical personnel, and law enforcement officers supervising an arrestee.
Allowing Citizens to Sue Facility Operators
The second piece of legislation, sponsored by Rep. Ted Hill (R-Eagle) and drafted by the Idaho Family Policy Center (IFPC), pivots from criminal law to civil liability. It would allow citizens the right to sue operators of public restrooms that fail to take "reasonable steps" to separate facilities by biological sex.
The legislation comes in response to an incident at the Sandpoint, Idaho, YMCA locker room, where a female lifeguard encountered a biological man, allegedly using the shower and getting dressed in the area frequently used by girls of all ages.
IFPC President Blaine Conzatti signaled that the goal is a total expansion of current school-based restrictions. "We’re ready to finish the work of protecting every woman in all public buildings—ensuring they never feel unsafe as a result of biological men invading their restrooms," Conzatti said in a Friday release.
Opponents once again raised concerns that both bills criminalize or create legal liabilities for a person being in a space, when no other crime has been committed.
Both bills now move to the Idaho House floor for further debate.
