Idaho Senate takes up bill to jail trans people for using public bathrooms

An Idaho bill that could make it a crime for transgender people to use restrooms aligned with their gender identity is now before the state Senate, advancing one of the most punitive bathroom proposals in the country.

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House Bill 752, already approved by the Idaho House in a 54–15 vote, was taken up this week by the Senate, where Republicans hold a 29–6 majority. If enacted, the measure would require people to use bathrooms, locker rooms, and similar facilities based on their sex assigned at birth in both government buildings and private businesses open to the public.

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The penalties escalate quickly. A first violation would be a misdemeanor punishable by up to a year in jail. A second offense within five years could be charged as a felony, carrying a prison sentence of up to five years.

“The Legislature has a fundamental duty to protect the bodily privacy and safety of Idaho citizens,” Sen. Ben Toews, the bill’s sponsor, said in a Monday committee hearing, according to the Idaho Capital Sun. “House Bill 752 provides a clear, proactive tool to secure sex-separated private spaces in our state, while accommodating common-sense realities.”

Supporters of the measure have called the bill necessary as a matter of safety and privacy in sex-segregated spaces. But opponents of the legislation, including civil liberties groups, some lawmakers, and law enforcement voices, say the proposal creates an enforcement problem that risks turning suspicion into probable cause.

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Transgender people are warning that bills like this put them in danger of being assaulted. For example, the boyfriend or husband may see a transgender man following their girlfriend into a restroom, because the trans man has to use restrooms according to his sex assigned at birth, and could confront them.

In committee testimony, transgender Idahoans described how that could unfold. Nikson Matthews, a transgender man, told lawmakers that someone who recognizes or suspects he is trans could call police, prompting officers to respond to what would otherwise appear to be “a bearded man using the men’s bathroom.” If an officer decides he violated the law, Matthews said, “I could go to jail for up to a year for peeing, washing my hands, or even being in the bathroom.”

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The alternative, he said, could be worse. Being forced into women’s facilities, Matthews warned, risks confrontation or violence. “Every single day when I’m out in public, I have to decide,” he said. “Do I feel like going to jail today, or do I feel like being attacked?”