Idaho: Federal judge blocks law restricting transgender people's access to public restrooms

A federal judge has temporarily suspended the enforcement of an Idaho law that restricts transgender people’s access to public restrooms and other gender-segregated spaces, ruling that much of the law likely violates the U.S. Constitution.

In a 30-page ruling issued on Tuesday, Federal Judge Amanda K. Brailsford, nominated by former President Joe Biden, granted a preliminary injunction preventing the HB 752 from taking effect while legal proceedings continue.

In addition, the judge granted provisional class-action status to transgender residents statewide, thereby extending the effects of the preliminary injunction beyond the original plaintiffs.

One of the court’s main concerns centered on the practical application of the legislation. Brailsford noted that the law does not establish clear criteria for determining a person’s so-called “biological sex,” which could lead to arbitrary decisions by authorities.

“Another issue of enforceability is a law enforcement officer’s ability to determine an individual’s 'biological sex.'” the judge wrote in her ruling.

Constitutional concerns

The decision represents a setback for Republican lawmakers and conservative groups that pushed for the initiative, arguing that the restrictions were necessary to protect privacy and safety in restrooms, locker rooms and other public spaces segregated by sex.

However, the court concluded that the law suffers from legal vagueness and could lead to discriminatory enforcement. According to the judge, the lack of precise definitions creates uncertainty about how the law would be enforced and who would be subject to penalties.

The lawsuit was filed by several transgender residents of Idaho represented by the ACLU, the ACLU of Idaho and Lambda Legal.

Reaction from civil rights advocacy groups

Idaho Attorney General Raúl R. Labrador was among those who quickly reacted to the judge’s ruling, posting a strong message on social media.

"This is a results-driven decision that misapplies the law, confuses the issues, and misrepresents the position of the State. Biological sex is not vague, and neither is this law. The good news is that this ruling is narrow. Idaho’s law remains enforceable in most settings, including changing rooms and many restrooms," wrote Labrador after citing the court ruling.

"The injunction applies only in limited circumstances and to certain people. My office will appeal, and we will keep fighting until this commonsense protection is fully enforced,” he added in the post on X.