Idaho lawmakers have passed a sweeping bathroom ban that would make it a crime for transgender people to use facilities matching their gender identity, even in private businesses. The bill, which now awaits the signature of Republican Governor Brad Little, is the strictest such law in the nation.
Under the legislation, individuals who knowingly enter a bathroom, locker room, or changing area that does not correspond with their sex assigned at birth could face a misdemeanor charge and up to a year in jail for a first offence. A second offence would be a felony, punishable by up to five years in prison.
While at least 19 states have laws restricting transgender bathroom access in schools or public places, Idaho's bill uniquely applies to any 'place of public accommodation,' covering all businesses and facilities serving the public. Exceptions include janitorial work, emergencies, helping children, or 'dire need' of a restroom.
Republican Senator Ben Toews, the bill's sponsor, argued it is about protecting women and children from sexual predators, not targeting transgender people. However, opponents say it criminalises transgender individuals for existing. Law enforcement groups, including the Idaho Fraternal Order of Police, opposed the bill, citing the difficulty of visually determining someone's biological sex or level of need.
Democratic Senator James Ruchti compared the bill to historic discriminatory laws in Idaho that banned Native Americans, Chinese residents, and Mormons from voting, calling it 'the first one I can think of where we’ve set up a crime for who somebody is.' The American Civil Liberties Union of Idaho condemned the move and urged the governor to veto the bill.
The bill passed the House 54-15, a supermajority that could override a potential veto. If signed, Idaho will become the fourth state to criminalise bathroom law violations, but the first to apply the ban so broadly to private businesses.
