A federal judge has blocked Idaho from enforcing a new law that would have criminalized restroom use by transgender individuals based on their sex assigned at birth. U.S. District Judge Amanda Brailsford issued a preliminary injunction on Tuesday, ruling that key provisions of House Bill 752 were likely unconstitutional. The ruling prevents the law from taking effect on July 1 while a lawsuit challenging the measure proceeds. The judge also provisionally certified a class of transgender Idaho residents, extending protections beyond the six plaintiffs who brought the case.
The law, signed by Governor Brad Little in March, would have made it a misdemeanor to use a restroom or changing facility that did not align with one’s sex assigned at birth. A first offense carried a penalty of up to one year in jail, while a second offense within five years could have been prosecuted as a felony punishable by up to five years in prison. Idaho lawmakers argued the measure was intended to protect privacy and safety in sex-segregated spaces.
During court proceedings, state attorneys argued the legislature had a legitimate interest in maintaining separate facilities for men and women. However, Brailsford found that portions of the law were too vague to be enforced consistently. The judge questioned how authorities would determine a person’s sex assigned at birth when enforcing the law, noting that the law did not define terms like “reasonably available” or “dire need.” The ruling concluded that the law’s enforcement mechanisms were so unclear as to likely violate the Constitution’s due process guarantee.
The lawsuit was filed by transgender Idahoans represented by the American Civil Liberties Union (ACLU), the ACLU of Idaho, and Lambda Legal. The ACLU called the ruling "a win for trans rights" and emphasized the importance of protecting against laws that call on officers to make arbitrary judgments about enforcement.