Idaho lawmakers passed a bill that would criminalize the use of restrooms that don’t match a person’s sex assigned at birth
Darin Oswald
doswald@idahostatesman.com
A bill that would criminalize the use of restrooms that don’t match a person’s sex assigned at birth is heading to the governor’s desk.
The bill, which would apply to government-owned buildings and places of public accommodation, would make it a misdemeanor to “knowingly and willfully” use a bathroom or changing room if it does not match your sex at birth.
A second offense within five years would come with a felony charge and up to five years in prison.
The bill does carve out a number of exceptions. The measure wouldn’t apply to people going into bathrooms for custodial services or maintenance, to provide medical assistance or to help law enforcement.
It also would allow people to use restrooms that don’t match their sex assigned at birth if it is a single-user facility and is the only option available, or if a person is in “dire need” and it is the only option reasonably available.
Other exceptions include an allowance for coaches to enter during athletic events, or for parents or guardians to accompany a child or family member who needs assistance.
Supporters of the bill have said it is needed to protect women and girls. Opponents argued that the law wasn’t necessary and that it simply targets transgender people and forces them into unsafe situations.
Law enforcement officials also raised concerns about enforcement of such a measure.
Idaho’s Republican-dominated Legislature has passed several bills in recent years targeting LGBTQ+ people. In 2020, Idaho passed a first-in-the-nation law barring trans women and girls from participating in women’s and girls sports. That law was challenged and the Supreme Court recently heard the case, but has not yet issued an opinion.
Since then, the Legislature has passed laws banning gender-affirming care for minors and prohibiting teachers from using pronouns that differ from a student’s sex at birth without parental approval. Lawmakers also took up a memorial this year and last asking the U.S. Supreme Court to overturn same-sex marriage rights.
The American Civil Liberties Union of Idaho previously called the new bathroom bill “one of the most extreme anti-trans bills in the country.”
Sen. Ben Toews, R-Couer d’Alene, who sponsored the bill, said the Legislature has a duty to “protect the bodily privacy and safety of Idaho citizens.”
“House Bill 752 provides a clear, proactive tool to secure sex-separated private spaces in our state, while accommodating common-sense realities,” he told lawmakers.
Senators passed the bill largely along party lines, 28-7. The House already passed the bill by a 54-15 vote.
Several states have laws that bar people from using a bathroom that doesn’t match a person’s sex at birth. Only a few, such as Florida, have laws with criminal sanctions.
Lawmakers debate over intent of bill
Lawmakers on Friday debated the bill for about 45 minutes. Republicans largely supported the bill, saying its intent was to prevent men from entering spaces meant for women and girls. Other lawmakers said the bill was about protecting the state’s “cultural decency.”
“We have to do what’s best for the most,” Sen. Jim Woodward, R-Sagle, told lawmakers, but he said he was cautious about the idea of including places of public accommodation in the bill.
“What comes next and how much further do we venture inside of a private building? I don’t support the punitive measures in this bill, but the policy does reflect the sentiment of my community. … It is the best for the most.”
Sen. Josh Kohl, R-Twin Falls, drew on the familiar line that Idaho doesn’t want to turn into states like California or New York. He said senators had spoken a lot about trans people, but not about protecting children.
“Trans women aren’t women,” he said. “They’re men and they need to be treated as such.”
Only one Republican, Sen. Jim Guthrie, R-McCammon, debated against the bill. Under this bill, he said, if a trans person uses the bathroom that aligns with their sex assigned at birth, they could upset people, and if they use the facility that corresponds with their gender identity, they break the law.
Bills like these are harmful, he said, adding that he can’t support “where we’re headed with this kind of legislation.” He then acknowledged that his decision to vote no wouldn’t be a “popular” position.
“We seem to be really focused on this space and ignoring the fact that there are people that are just like us, human beings just like us,” he said. “What are they supposed to do?”
Sen. Melissa Wintrow, D-Boise, grew emotional as she shared that after a committee hearing on this bill, she walked into the hallway in the Capitol to find people crying. At the time, she said she felt helpless, unable to comfort them.
Other Democratic senators said the bill was about discrimination and stripping away people’s basic needs.
“If you’re trans, this creates a crime for who you are,” said Sen. James Ruchti, D-Pocatello. “This isn’t how we treat people in our society.”
In closing, Toews said that single-use restrooms could be a “very real solution” to this issue. Many public places don’t have such restrooms.
He also claimed that the legislation wasn’t about criminalizing someone for who they are.
‘This is about criminalizing trans people’
Lawmakers heard testimony in recent days from supporters and opponents.
Nikson Mathews, who identified as a proud transgender Idahoan, said the law creates a crime not based on “conduct or harm,” but rather based on presence.
“To justify that,” he said, “you have to accept that someone’s presence alone is traumatizing and harmful enough to criminalize.”
Mathews said overall, this bill would create confusion.
“It forces someone who looks like me into the women’s restroom,” Mathews said. “Let’s stop pretending like a sign on a door has ever stopped someone intent on causing harm. That’s not how this works. This is not about closing a gap. We already have laws that protect privacy, dignity and safety of all people. This is about criminalizing trans people.”
The bill’s provisions would make it difficult or impossible for trans people to safely use a restroom in public places, others said.
Those who supported the bill talked about the prevalence of sexual violence against women, and said women have a right to privacy. They argued that this isn’t a political issue, but a way to make sure people stay safe.
According to RAINN, which operates the National Sexual Assault Hotline, the majority of people who commit sexual violence against women are men, not transgender people, and oftentimes, violence is committed by family members, intimate partners or friends.
Several people in recent hearings on the bill mentioned an incident in Sandpoint in which a person who said she was a lifeguard at the YMCA claimed she saw “a man semi-dressed … as a woman” using the women’s locker rooms, according to the Sandpoint Reader.
The YMCA and police said people could use the facilities that corresponded to their gender identity. Shortly after, the city repealed its nondiscrimination ordinance, which provided for equal opportunity “regardless of sexual orientation” or “gender identity/expression,” the Statesman previously reported.
A 2025 report from the Williams Institute at UCLA School of Law found no evidence that allowing trans people to use bathrooms that align with their gender identity posed safety concerns, and instead found that trans people face harassment and violence when using bathrooms — especially those that don’t align with their gender identity.
Elana Redfield, the federal policy director at the Williams Institute, told the Statesman that laws like these start with the baseline assumption that trans people don’t exist. Legislation against LGBTQ+ people has increased in recent years, she said, but none of it was driven by a change in evidence.
“What the evidence shows is that there’s no data suggesting a rise in any kind of security, safety risk or or violence when states have inclusive policies,” Redfield said.
After the Senate passed the bill, the ACLU and Planned Parenthood Alliance Advocates of Idaho in statements urged the governor to veto the legislation.
“This bill’s proposed punishments for using public facilities are extreme and unnecessary,” the ACLU said in a statement. “A trans person who enters a restroom that aligns with their gender identity could receive the same punishment as someone convicted of a violent crime.
“This is an unacceptable and discriminatory misuse of our criminal legal system.”
Planned Parenthood said in a press release the bill was “widely considered the most extreme anti-transgender bathroom ban in the nation.”
“Quite simply, we are furious. This bill is hateful, abusive, and goes against what Idahoans want and need from elected officials,” said Mistie DelliCarpini-Tolman, the regional political and Idaho state director. “It is not too late to stop this bill from becoming law, and we implore Gov. Little to reject this hateful attack on our trans friends and neighbors.
“Idahoans deserve better.”
This story was originally published March 27, 2026 at 12:02 PM.