Idaho Legislature Approves Bill Making Transgender Bathroom Use a Crime

Idaho’s state legislature approved legislation Friday that would make it illegal for transgender individuals to use restrooms and changing facilities that don’t correspond with their gender assigned at birth, marking another restrictive measure targeting transgender Americans nationwide.

The Republican-dominated state Senate approved the measure by a 28-7 vote on Friday, following passage in the Idaho House of Representatives the previous week. Republican Governor Brad Little is anticipated to sign the legislation into law.

When enacted, the law would criminalize entering restrooms or changing areas designated for the opposite biological sex in government facilities, as well as in restaurants, retail establishments, and other private businesses offering public restroom access.

Under the proposed penalties taking effect in July, initial violations would constitute misdemeanor offenses carrying potential jail sentences of up to one year. Subsequent violations within a five-year period would escalate to felony charges with possible prison terms extending to five years, according to the bill’s language.

Transgender Americans have encountered growing restrictions across state and federal levels, with these efforts gaining momentum following President Donald Trump’s return to the presidency. Trump has implemented multiple executive orders affecting transgender rights and issued directives stating the federal government will acknowledge only male and female as recognized sexes.

The American Civil Liberties Union strongly criticized Idaho’s legislative action and urged the governor to reject the bill.

“This bill’s proposed punishments for using public facilities are extreme and unnecessary … This is an unacceptable and discriminatory misuse of our criminal legal system,” the ACLU stated.

Governor Little’s office has not yet responded to requests for comment regarding the legislation.

According to the Movement Advancement Project, a transgender rights advocacy organization, Idaho joins approximately 20 states nationwide that have implemented various forms of bathroom access limitations for transgender individuals.

The state previously enacted legislation permitting students to pursue $5,000 lawsuits against schools if they encounter transgender students in bathrooms contrary to existing restrictions.