Idaho’s trans bathroom bill

On July 1st, Idaho House Bill 752 went into effect, criminalizing transgender people for using public bathrooms consistent with their gender identity with a punishment of up to five years in prison. This is the most extreme bathroom ban in the country.

Before going into effect in July, an injunction was added to the bill, partially blocking the enforcement of HB 752. This injunction significantly alters the bill, but it is important to know it doesn’t completely protect transgender people.

The ruling now protects transgender people’s usage of multi-stall restrooms consistent with their gender identity in places where there are no single-user restrooms available on the same floor. This is common in most restaurants, gas stations, and smaller businesses.

However, this means transgender people now must check for a single-user restroom available on a floor before using a multi-stalled restroom. And if they use a multi-stalled restroom when a single-user is available, they could face criminal charges. Buildings that have both multi and single-user restrooms are often hospitals, airports, universities, malls, and large retail stores. This injunction also doesn’t protect gendered changing rooms, like that of gyms or locker rooms.

Therefore, under HB 752 criminal enforcement remains possible. This injunction caveat is not being widely reported, and it’s important to stay safe. Protected restrooms are now gender neutral bathrooms, single-user bathrooms, and multi-stall bathrooms when there are no single-user bathroom options available on the same floor.

Legislation like this is dangerous. Rights and protections across the country continue to be repealed for transgender Americans. In times like these when our government fails us, it’s important to show up for one another and protect our queer community.