A federal judge has issued a preliminary injunction blocking Idaho from enforcing a law that would criminalize the use of public restrooms or changing facilities inconsistent with a person's sex assigned at birth. U.S. District Judge Amanda Brailsford ruled that key provisions of House Bill 752 are likely unconstitutional, preventing the law from taking effect on July 1 while a lawsuit proceeds in federal court. The law, signed by Governor Brad Little in March, would have made it a misdemeanor to use a restroom that does not correspond with one's assigned sex, with penalties including jail time.
During court proceedings, state attorneys argued that the law was intended to protect privacy and safety in sex-segregated spaces. However, Judge Brailsford found the law too vague to be enforced consistently, particularly regarding exceptions for using prohibited restrooms when other facilities are not available or in cases of dire need. The judge also raised concerns about how authorities would determine a person's sex assigned at birth, citing earlier suggestions from state attorneys about potential DNA testing.
The lawsuit was initiated by six Idaho residents, represented by the American Civil Liberties Union and Lambda Legal, who argued that the law violated constitutional protections, including due process and equal protection guarantees. This ruling represents a significant legal challenge to state efforts to regulate access to bathrooms and other sex-segregated facilities.