Six transgender Idahoans filed a lawsuit in federal court that challenges the new House Bill 752, a state law barring them from using restrooms that align with their gender identity in both government buildings and private businesses.
House Bill 752 was signed by Gov. Brad Little on March 30 and was part of an effort to restrict what facilities a transgender person can use. This gained attention after a controversy at a Sandpoint YMCA when a lifeguard posted publicly about an encounter with a “biological male” in the women’s locker room during a locker room check. Responses called for action from the local government when police had allegedly stated that no state law prohibited the situation.
The lawsuit brought forward challenges to bathroom access, while Idaho’s law also applies to locker rooms and showers. It bars anyone from “knowingly and willfully” entering a restroom or changing room designated for use by the opposite biological sex.
One transgender man and plaintiff Diego Fable said in a statement that he has been using his preferred restrooms without issues for years but now will be forced to face difficult situations and try to avoid potential confrontation in bathrooms, according to Lamba Legal.
“I knew this would make my life so much harder…Using the men’s restrooms haven’t been a big deal. But this law would force me to use the women’s facilities, and doing so would only invite suspicion, questions, and raised eyebrows,” Fable said.
Another plaintiff in the lawsuit, lifelong Idahoan Amilia Milette, emphasized the law’s impact on her daily life and safety.
“As a transgender woman, my job requires me to be out in the community through the normal course of my work, and as a result of this law, I no longer can assume I’ll have access to a bathroom facility that matches my gender.”
She added that she used her preferred bathroom for years with no issues and will now have to use restrooms that do not match her identity.
“It forces me to compromise my privacy and safety by using a facility that doesn’t align with how I present myself in my daily life.”
Attorneys representing the plaintiffs argue the law is unconstitutional. In statements reported by Lambda Legal councilman and Jr. Strategist legal respectively, Kell Olson and F. Curt Kirschner said the measure targets transgender individuals directly.
“There can be no doubt that this law was intended to erase the very existence of Idaho’s transgender community,” they said. “We stand with our plaintiffs to make it clear that transgender Idahoans will not be forced out of public life.”
The lawsuit was filed by American Civil Liberties Union of Idaho and Lambda Legal, an American civil rights organization that focuses on defending of civil rights of LGBTQ+ communities.
The law has several exceptions for entering a bathroom of the opposite sex, including the performance of custodial duties, rendering medical aid and being the only available facility when a person is in “dire need of urinating or defecating.” The suit asserts these exemptions fail to clearly specify when “it exempts otherwise prohibited conduct,” leading to a violation of the Due Process Clause of the 14th Amendment,
because its exceptions are too vague.
Attorneys also argue that the law forces transgender individuals to disclose their identity in order to avoid penalties, which violates their right to privacy and increases the risk of confrontation or harassment.
Though nine states and Puerto Rico have also passed laws to ban transgender people from using restrooms consistent with their gender identity, these laws apply to government buildings and K-12 public schools. Idaho’s HB 752 is the only state law in the nation that applies to private business. Of the three states with criminal penalties applied to the bans, Idaho’s are the “steepest” charges, with associated prison sentences for repeat violations.
The lawsuit asks the court to certify the case as a class action lawsuit, representing all transgender individuals in Idaho who seek to use restrooms that are consistent with their identity.
Sam Walsh can be reached at [email protected].