Idaho Senate Republicans send extreme anti-transgender bathroom bill with felony penalties to governor

The Idaho Senate on Friday afternoon passed a GOP-backed bill that would criminalize transgender people for using bathrooms aligned with their gender identity, sending the measure to Gov. Brad Little for his signature. It is one of the harshest anti-trans measures in the U.S.

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House Bill 752 had already cleared the Idaho House and now awaits final action from the Republican governor.

"It’s devastating,” Nikson Mathews, a transgender man who lives in Idaho, told The Advocate.

Under the bill, a person who “knowingly and willfully” enters a restroom or changing facility that does not align with their sex assigned at birth in a government building or place of public accommodation can be charged with a misdemeanor punishable by up to one year in jail. A second conviction within five years can be charged as a felony, carrying a potential prison sentence of up to five years.

Related: Idaho’s bathroom bill leaves transgender men like me with an impossible choice: jail or violence

Related: Idaho Republicans pass bill making it a felony for transgender people to use public bathrooms

The law would apply to libraries, rest stops, airports, malls, gas stations, restaurants, entertainment venues, hospitals, and other businesses.

“This bill would weaponize the law to discriminate against trans people by threatening them with prison time for the harmless act of using a public facility for its intended purpose,” the American Civil Liberties Union of Idaho says. “This bill risks the privacy and dignity of every single Idahoan, as cisgender people who do not conform to rigid gender norms could face accusations, harassment, and arrest for using a public restroom.”

Related: Idaho Republicans pass House bill forcing doctors to out transgender kids

Law enforcement groups opposed the bill, warning it would be difficult to enforce and could force officers to determine a person’s sex assigned at birth or assess whether someone qualifies for an exception. Lawmakers declined to adopt changes requested by the Idaho Sheriff’s Association that would have required officers to first ask individuals to leave before making an arrest.

The bill includes exceptions for certain circumstances, such as emergency response, medical assistance, or the absence of a reasonable alternative facility.

If Little signs the bill, it will take effect July 1.

This story is developing.