BOISE, Idaho (AP) — Six transgender Idaho residents have filed a federal lawsuit challenging a stringent new bathroom ban, asking a judge to declare it unconstitutional. The law, effective July, is the strictest in the nation, criminalizing the use of bathrooms, locker rooms, or changing areas that do not match a person's sex assigned at birth, even in privately owned businesses. First-time violators face a misdemeanor with up to a year in jail, while a second offense could result in a felony with up to five years in prison.
Plaintiffs' Concerns
The plaintiffs, represented by the American Civil Liberties Union (ACLU) and Lambda Legal, argue the law forces them to choose between staying home or risking harassment, assault, or arrest. Diego Fable, a transgender man, said in a news release, "I've been enjoying life as a man and using the men's restrooms hasn't been a big deal. But this law would force me to use the women's facilities, and doing so would only invite suspicion, questions, and raised eyebrows." He added that he would face tough choices daily, from dining out to birdwatching at public parks.
Republican Sen. Ben Toews, a sponsor of the legislation, stated in March that the law protects women and children, suggesting transgender individuals use single-occupancy gender-neutral restrooms. However, the lawsuit notes that few such facilities exist. Fable's workplace, local grocery stores, restaurants, conference centers, and gas stations only have multi-occupancy gendered restrooms. Since others perceive him as male, he fears violence if forced into women's restrooms. "Ultimately, complying with this law would be extremely isolating," Fable said. "The only safe option truly available is to just stay home – or leave the state entirely."
Other Plaintiffs' Stories
Peter Poe, a transgender man with a beard, said using a women's restroom would be disruptive. Amelia Milette, a transgender woman, noted that her job requires assisting clients in offices without gender-neutral restrooms; she will limit food and water intake to reduce restroom needs if the law takes effect.
Broader Context
At least 19 states, including Idaho, have laws barring transgender people from using bathrooms aligned with their gender identity in schools and other public places. The Movement Advancement Project indicates that three other states—Florida, Kansas, and Utah—have criminalized some bathroom violations. However, Idaho's law uniquely applies to all "places of public accommodation," covering any business or facility serving the public, with nine exceptions for janitorial work, emergencies, helping children, or "dire need."
The plaintiffs claim the ban causes emotional harm, worsens gender dysphoria, and may lead to medical issues like kidney and urinary tract infections from avoiding restrooms. They argue the law is vague, discriminates based on sex and transgender status, and violates privacy rights by forcing disclosure of transgender identity.
"This law is a dangerous and discriminatory effort to push transgender people out of public life," said Barbara Schwabauer, senior staff attorney for the ACLU's LGBTQ & HIV Rights Project. She aims to block the law entirely, stating, "If you cannot use the restroom at work, you cannot go to work. If you cannot use the restroom at school, you cannot go to school."
Attorney General Raúl Labrador, named as a defendant along with multiple county prosecutors, said via email, "We look forward to defending the law."
