Idaho's anti-transgender bathroom law challenged by trans college student

Transgender college community members in Idaho are taking the state to court over a bathroom bill limiting access on university campuses.

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A trans male student at Boise State University, and “Sophie Smith,” a pseudonym for a trans woman regularly on the University of Idaho’s campus, filed a federal lawsuit targeting Idaho’s House Bill 264, which bans trans people from single-sex spaces that do not align with their sex at birth.

The transgender plaintiffs say the state law violates their rights under the Constitution’s Equal Protection Clause.

“HB 264, if it remains in effect at the beginning of the 2025-2026 school year, will prohibit BSU and U of I from allowing plaintiffs to continue using restrooms that align with their gender identities and how they are perceived on campus,” the lawsuit reads.

The Idaho Board of Education, along with both universities' presidents and the state Superintendent of Public Instruction, are listed as defendants.

The male student, a 19-year-old sophomore, notes in the filing that he is not out at transgender to most people on campus but started to transition in eighth grade. Smith is out to administrators and has had permission to use women’s restrooms from administrators for years.

“Sophie’s use of the women’s restrooms has never caused harm to anyone,” the lawsuit states.

But the new bathroom bill in Idaho excludes and discriminates against the plaintiffs and all transgender students, according to the lawsuit. If it forces them into different bathrooms and changing rooms than used it, that “will stigmatize them for their transgender status, causing them mental and emotional distress and undermining their right to be treated equally.”

The lawsuit notes the recent restroom law marks Idaho’s second attempt at segregating bathrooms based on gender assigned at birth. Federal courts blocked enforcement of a similar law in 2023.

But the entire time both plaintiffs have been part of their respective university communities during periods when administration took no issue with the use of restrooms that align with individuals’ gender identity. That changed with the new law.

Individuals may use single-user restrooms not designated by sex, but few exist on either campaign.

The lawsuit argues the new law discriminated based on transgender status. Plaintiffs have asked the courts to stop enforcement of the law before the start of the new school year. The lawsuit seeks only $1 in damages, plus court costs for the plaintiffs.