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Six transgender Idaho residents have filed a lawsuit challenging Idaho’s new bathroom law, which makes it a crime to enter a bathroom designated for the opposite sex, arguing the measure is unconstitutional, discriminatory and too vague to enforce.
The complaint, filed in federal court Thursday, alleges House Bill 752 would expose transgender residents to “violence, harassment, and psychological harm” and could subject them to criminal penalties for using public restrooms that “align with their gender identity.”
“I’ve been enjoying life as a man and using the men’s restrooms hasn’t been a big deal,” Diego Fable, one of the plaintiffs, said in a press release. “But this law would force me to use the women’s facilities, and doing so would only invite suspicion, questions, and raised eyebrows… The only safe option truly available is to just stay home — or leave the state entirely, leaving my treasured friends and community behind.”
HB 752 passed the Legislature in March and was signed by Gov. Brad Little on April 1. It is set to take effect July 1. The law would make it a misdemeanor offense to “knowingly and willfully” enter a restroom or changing room designated for the opposite sex.
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A first offense is punishable by up to one year in jail. A second offense within five years could bring a felony charge and up to five years in prison.
The bill includes 10 exceptions, including for law enforcement, custodial workers, emergency responders, people providing medical aid and those assisting a family member of the opposite sex. It also includes an exception for someone in “dire need” of a restroom.
Supporters say the law is meant to protect privacy and safety in sex-separated spaces.
“Private spaces such as restrooms, changing areas and showers are sex-separated for a reason,” said Sen. Ben Toews, R-Coeur d’Alene, who sponsored the bill. “Individuals in these vulnerable settings have a reasonable expectation of privacy and security.”
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The six residents, represented by the ACLU and Lambda Legal, argue the law violates their rights under the 14th Amendment and are asking a judge to block it before it takes effect in July.
They also say the law is unusually broad because it applies not only to government buildings but also to businesses open to the public.
“It creates confusion, increases suspicion and surveillance, and disrupts the status quo ante without any demonstrated need to do so,” the complaint says. “The law will not make restrooms in Idaho safer.”
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Nineteen states have laws restricting bathroom or changing-room use in certain settings, such as schools, based on biological sex. However, the Idaho law’s application to private businesses open to the public makes it one of the strictest in the nation, according to the Associated Press.
Idaho Attorney General Raúl Labrador and 43 county prosecuting attorneys are named as defendants in the complaint.
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Labrador’s office gave Fox News Digital the following statement:
“Idaho has the right to set its own policies on public safety and privacy. The legislature passed this law, the governor signed it, and our office will defend it. Courts have already upheld Idaho’s authority to maintain sex-specific spaces and we expect the same result here.”
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