A federal judge in Idaho pressed attorneys from both sides Friday over how the state plans to enforce a new law restricting restroom access based on biological sex — a measure set to take effect July 1 and one that advocacy groups say carries the harshest criminal penalties of any similar law in the country.
Chief U.S. District Judge Amanda K. Brailsford presided over the hearing and indicated she would move quickly to issue a ruling on whether to grant a preliminary injunction blocking the law, known as House Bill 752, from taking effect on schedule.
What the Law Does
HB 752, which passed the Idaho Legislature this session with support from Republican lawmakers, makes it a criminal offense for a person to knowingly and willfully enter a restroom or changing room designated for the opposite sex. First-time violations carry misdemeanor charges. Repeat offenses escalate to a felony with a maximum prison sentence of five years.
The law is notable in its reach: unlike similar measures in other states, Idaho’s version applies to private businesses — not just government facilities or public schools. The American Civil Liberties Union has stated that Idaho’s law is the only such ban in the country that extends to private businesses, and that its felony penalties are the steepest among the three states that have enacted criminal bathroom restrictions.
The law does not cover changing rooms in the context of the current lawsuit — the plaintiffs chose to limit their challenge to restroom access.
The Lawsuit and Arguments Heard in Court
Six transgender Idahoans filed the lawsuit challenging HB 752. The case, brought by Lambda Legal attorney Kell Olson, seeks class-action status on behalf of transgender individuals who wish to use restrooms consistent with their gender identity. Plaintiff Diego Fable, who has lived in Idaho for roughly a decade, is among those named in the suit.
Olson argued that the law places transgender people in an untenable position. “HB 752 does make Idaho less safe for transgender people,” Olson said in court. “It threatens serious and immediate harm, no matter what trans people do.”
Representing Idaho Attorney General Raúl Labrador and county prosecutors, Idaho Solicitor General Michael Zarian defended the law’s purpose, framing the issue around safety rather than targeting any particular group. “The point is not that transgender people are more likely to commit safety violations,” Zarian said. “The point is that men in women’s restrooms are more likely to commit safety violations.”
Judge Brailsford’s questions from the bench focused on how enforcement would work in practice — particularly in the context of private businesses, where the range of situations is far broader and more varied than in government-run facilities.
Idaho’s Broader History on Transgender Policy
HB 752 is the latest in a series of Idaho laws addressing transgender access and participation. The state enacted a ban in 2020 preventing transgender women and girls from competing in sports aligned with their gender identity; that law is currently awaiting a ruling from the U.S. Supreme Court. A separate 2023 law restricting restroom use in public schools took full effect last month.
The school bathroom law’s legal journey was marked by tragedy. A high school student group that had been challenging the 2023 measure dropped its lawsuit after a transgender student who was part of the group died by suicide.
If Judge Brailsford declines to issue a preliminary injunction, HB 752 would take effect as written on July 1, immediately exposing transgender Idahoans to potential criminal liability for using restrooms in businesses across the state.
What Comes Next
Judge Brailsford said she intends to rule on the preliminary injunction request promptly, given the law’s looming effective date. If she grants the injunction, enforcement would be paused while the broader legal challenge proceeds through the federal courts. If she denies it, the law takes effect July 1 and any further legal challenges would continue in parallel with the law in force.
Ada County and Treasure Valley residents who want to follow the case can monitor the U.S. District Court for Idaho’s public docket for updates. The outcome of this case could set precedent affecting businesses, employees, and residents across the state.