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Sweeping expansion of bathroom restrictions based on biological sex heads to Idaho Senate

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Originally posted on IdahoEdNews.org on March 13, 2026

By: Kevin Richert and Ryan Suppe

BOISE, Idaho — A bill to criminalize violations of Idaho’s bathroom law is headed to the Senate.

The House-passed bill would make it a misdemeanor to use a bathroom “that is designated for use by the (user’s) opposite biological sex.”

The bill would apply to schools and any government or public buildings. A 2023 law already requires schools to regulate bathrooms and locker rooms, based on gender assigned at birth.

“(This is) consistent with Idaho’s recent policy direction,” said the bill’s sponsor, Rep. Cornel Rasor, R-Sagle. “Single-sex facilities have long existed to safeguard females.”

The bill would apply to anyone who “knowingly or willfully” uses a bathroom not aligned to their “biological sex.” A first offense would be a misdemeanor, but a second offense would be a felony.

“We are about to criminalize fear as opposed to actual harm,” said Rep. Chris Mathias, D-Boise. Mathias added that the bill poses a threat to transgender people, who would have to use bathrooms and facilities that make them uncomfortable.

Rep. Dale Hawkins said the rest of the population should not have to accommodate transgender Idahoans, who make up 0.4% of the population. “I don’t know how we got here,” said Hawkins, R-Fernwood. “This is about men in women’s spaces.”

With the 54-15 vote, House Bill 752 now heads to the Senate.

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Kevin Richert

Ryan Suppe

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