BOISE, Idaho — A group of six transgender individuals from Idaho have filed a federal lawsuit challenging what they call an unconstitutional bathroom restriction that will become the nation’s most severe when it takes effect this July.
The new Idaho statute makes it a criminal act for individuals to knowingly use restrooms, locker rooms, or changing facilities that don’t align with their birth-assigned gender — including those in privately-owned establishments. First-time violations carry misdemeanor charges with potential jail time of up to one year, while subsequent offenses become felonies punishable by as much as five years imprisonment.
Legal representatives from the American Civil Liberties Union and Lambda Legal argue the statute forces their clients to choose between isolation at home or facing potential harassment, violence, or criminal charges when accessing public facilities.
“I’ve been enjoying life as a man and using the men’s restrooms hasn’t been a big deal,” plaintiff Diego Fable explained in a statement. “But this law would force me to use the women’s facilities, and doing so would only invite suspicion, questions, and raised eyebrows. I would have to face tough choices every time I leave my home: Do I know the restroom situation when I go out to eat with my friends? Do I know the restrooms available when I go to public parks to go birding? What do I do while I’m at work all day?”
Republican Senator Ben Toews, who helped sponsor the legislation, stated in March that the measure aims to safeguard women and children. He proposed that transgender individuals could seek out single-occupancy, gender-neutral facilities as an alternative.
However, the legal filing reveals that Fable’s workplace, neighborhood grocery stores, and various restaurants, conference venues, and gas stations only offer multi-user gendered restrooms. The lawsuit notes that others view Fable as male, creating concerns about potential violence if he enters women’s facilities as the new statute requires.
“Ultimately, complying with this law would be extremely isolating,” Fable stated. “The only safe option truly available is to just stay home –- or leave the state entirely, leaving my treasured friends and community behind.”
Fellow plaintiffs share comparable worries. Peter Poe, a bearded transgender man, believes using women’s restrooms would create disruption. Amelia Milette, a transgender woman whose work involves visiting client offices that typically lack gender-neutral options, said she plans to restrict her food and drink intake to minimize public restroom needs if the law proceeds.
Currently, at least 19 states including Idaho have enacted restrictions preventing transgender people from using bathrooms and changing areas matching their gender identity in educational settings and sometimes other public locations. According to the Movement Advancement Project, an LGBTQ+ advocacy group that monitors such legislation, three additional states — Florida, Kansas and Utah — have criminalized bathroom law violations under certain conditions.
Idaho’s statute stands apart by extending broadly to private enterprises, covering any “place of public accommodation” that serves the general public. The law includes nine specific exemptions for circumstances such as janitorial duties, emergency response, child assistance, or cases involving “dire need” for restroom access.
The legal challenge argues the restriction will inflict emotional damage, worsen gender dysphoria, and potentially cause health issues including kidney and urinary tract problems from restroom avoidance. Plaintiffs claim the statute is unnecessarily unclear, creates sex-based and transgender discrimination, and infringes upon constitutional privacy rights by compelling disclosure of transgender identity.
“This law is a dangerous and discriminatory effort to push transgender people out of public life,” declared Barbara Schwabauer, senior staff attorney with the ACLU’s LGBTQ & HIV Rights Project.
Schwabauer indicated they would seek complete blocking of the law’s implementation. “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,” she explained.
The lawsuit names Attorney General Raúl Labrador and several county prosecutors as defendants.
“We look forward to defending the law,” Labrador’s office responded in an email to The Associated Press.
