Federal Judge halts Idaho law enforcing restroom access by biological sex
BOISE, Idaho (KIFI) — A federal judge issued a preliminary injunction today blocking enforcement of House Bill 752, an Idaho law that criminalizes the use of public restrooms and locker rooms that do not align with an individual’s biological sex.
The law was scheduled to take effect on July 1, 2026.
In late April, the ACLU of Idaho filed a lawsuit on behalf of six transgender Idahoans against Idaho Attorney General Raúl Labrador. The lawsuit argues that HB 752 violates the plaintiffs' constitutional rights to due process, equal protection, and privacy, calling the legislation an "unconstitutional intrusion on the fundamental rights of Idahoans."
While several plaintiffs are proceeding under pseudonyms to protect their privacy, the suit names Emilie Jackson-Edney, a 77-year-old transgender Idaho resident. The lawsuit claims the new law would cause suspicion and conflict for Idahoans like Jackson-Edney who've transitioned.
In today's order, U.S. District Court Judge Amanda Brailsford granted the plaintiffs' motions for both the preliminary injunction and provisional class certification. Judge Brailsford also ruled that the plaintiffs may continue using pseudonyms, strictly prohibiting the state from disclosing their identities without express, written permission.
The ACLU of Idaho celebrated the ruling as a protection for the state's transgender community.
"This ruling means trans folks in Idaho can continue participating in public life without the threat of being arrested for using the bathroom,” said Paul Carlos Southwick, Legal Director for the ACLU of Idaho. “Trans Idahoans have been understandably anxious about the disruption this unconstitutional law would cause in their daily lives. This ruling will relieve that anxiety for our trans friends and neighbors.”
Understanding House Bill 752
House Bill 752 represents a major expansion of Idaho’s 2023 restrictions. While the previous law (Senate Bill 1100) applied only to public schools, the new statute covers nearly all government-owned or public spaces, including libraries, highway rest stops, airports, and public hospitals.
Under the blocked statute, anyone who "knowingly or willfully" enters a public restroom that does not correspond to their biological sex could face criminal charges. A first offense is classified as a misdemeanor, while a second offense is a felony.
Governor Brad Little signed the bill into law earlier this year following decisive victories in the state legislature, where it passed 54–15 in the House and 27–7 in the Senate.
While critics and civil rights advocates argue the law targets and marginalizes transgender individuals, the bill's sponsors have maintained that the legislation is necessary to protect public privacy and safety as a "common-sense" protection for women and girls.
With today's injunction, the criminal penalties remain on hold until a full case determines the law's constitutionality.
This is a developing story. Local News 8 has reached out to the bill's legislative sponsors for comment and will provide additional updates as they respond.
