A group of transgender Idahoans filed a federal lawsuit Thursday challenging a state law that prohibits people from using restrooms that do not match their biological sex in government buildings and places of public accommodation.
The lawsuit was filed by the American Civil Liberties Union, the ACLU of Idaho, and Lambda Legal on behalf of six transgender individuals, arguing the law violates their constitutional rights to due process, equal protection, and privacy.
The legislation, HB 752, passed by the Republican-controlled Legislature in March and signed into law by Gov. Brad Little, is set to take effect July 1.
The law makes it a misdemeanor, punishable by up to one year in county jail, for any person to knowingly and willfully enter a restroom or changing room in a government-owned building or place of public accommodation designated for the opposite biological sex, with specified exceptions.
A second conviction within five years is a felony punishable by up to five years in state prison.
This is the second Idaho law restricting transgender individuals from using bathrooms that do not align with their biological sex.
In 2023, the state passed a bill requiring public school students to use changing rooms, shower rooms, and bathrooms designated to their biological sex, with limited exceptions.
In March 2025, the Ninth Circuit Court of Appeals upheld a lower court's denial of a preliminary injunction against that law, finding plaintiffs were unlikely to succeed on the merits.
The court said the state had identified an important governmental objective, "protecting bodily privacy," particularly in settings where students may be partially or fully undressed.
Idaho is part of a broader effort by Republican-led states to restrict facility access based on biological sex. Proponents of these laws argue they are necessary to protect the privacy, safety, and dignity of women and girls by maintaining sex-separated spaces.
But Paul Carlos Southwick, legal director for the ACLU of Idaho, said in a news release the lawsuit challenges "an unconstitutional intrusion on the fundamental rights of Idahoans."
"HB 752 has a clear discriminatory intent, but its prohibitions and exceptions are vague, forcing Idahoans and law enforcement alike to guess at its meaning," Southwick said. "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."
A number of lawsuits have been filed against similar laws in other states.
In May 2025, a Montana court issued a preliminary injunction blocking a bill that barred transgender and intersex people from using bathrooms aligned with their gender identity in public spaces. The court found the law likely violated the state constitution.
In South Carolina, a class-action lawsuit challenging the state's K-12 bathroom ban is ongoing in federal court.
A lawsuit was filed in March challenging a Kansas law that allows citizens to sue those they suspect of being in the "wrong" restroom. A state court denied a temporary restraining order, meaning the law remains in effect.
In Florida, the Facility Requirements Based on Sex Act treats unauthorized bathroom use in government buildings as criminal trespass.
In Utah, a 2022 ban on transgender girls in sports was blocked by a court, but the state's more recent bathroom restrictions in government buildings and K-12 schools generally remain in effect.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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