A half-dozen transgender Idaho residents sued the state over its newly approved law banning opposite-sex use of public restrooms in government buildings and public accommodations, arguing that the “vague” and “discriminatory” law violates their constitutional rights.
The American Civil Liberties Union and Lambda Legal filed the federal lawsuit on Wednesday, a month after Republican Gov. Brad Little signed into law House Bill 752, which makes it a criminal offense to “knowingly and willingly” enter opposite-sex facilities such as public restrooms and changing rooms.
“H.B. 752 has a clear discriminatory intent, but its prohibitions and exceptions are vague, forcing Idahoans and law enforcement alike to guess at its meaning,” said Paul Carlos Southwick, legal director for the ACLU of Idaho, in a Thursday statement.
“The law invites intrusive stops, questioning, and even detention based on appearance alone,” he said. “It also pushes the government into one of the most private areas of our lives, undermining the basic Idaho value that people should be left alone in matters of personal privacy.”
The motion filed in U.S. District Court in Idaho seeks to block the law before it can take effect July 1, arguing that the measure violates the Equal Protection Clause and Due Process Clause of the 14th Amendment.
The lawsuit said the six defendants aren’t always able to locate a gender-neutral restroom.
Amelia Milette, a biological male who identifies as a woman, said the law will “severely, negatively impact my ability to safely engage in public life,” adding that “I’ve used women’s bathrooms for years without encountering a problem of having another woman take issue with my presence.”
Diego Fable, a biological woman who identifies as a man, said using men’s restrooms “hasn’t been a big deal,” but that the law “would force me to use the women’s facilities, and doing so would only invite suspicion, questions, and raised eyebrows.”
When it comes to penalties, the law doesn’t mess around. A first offense represents a misdemeanor punishable by up to a year in jail. A second offense occurring within the next five years is a felony carrying up to five years in prison.
There are also numerous exceptions for custodial entry, medical emergencies, assisting children or the disabled, natural disasters, and situations where the person is in “dire need” and an opposite-sex facility is the only one available.
“The Legislature has a fundamental duty to protect the bodily privacy and safety of Idaho citizens,” Mr. Toews said in introducing the bill. “House Bill 752 provides a clear, proactive tool to secure sex-separated private spaces in our state, while accommodating common-sense realities.”
BREAKING: Governor Little signed HB 752 into law. Idaho is the first state in the nation to criminalize biological males entering women’s restrooms, locker rooms, and private spaces. I co-authored this with Rep. Cornel Rasor. We wrote it. We fought for it. Now it’s law. Idaho… pic.twitter.com/Fj9XNRgKK8
— Scott Herndon (@HerndonforIdaho) April 1, 2026
The bill was opposed by the Idaho Chiefs of Police Association and the Idaho Fraternal Order of Police, over potential difficulties with enforcement.
“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute. In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate,” said the Idaho FOP in testimony, according to the lawsuit.
Nine states and Puerto Rico also prohibit opposite-sex restroom use in government buildings, and 12 others have laws applying to K-12 public schools, but the Idaho law is the only one that extends to public accommodations in private businesses, the ACLU said.
The Idaho law also carries “the steepest criminal charges in terms of prison sentences for violations,” said the ACLU in a statement.
