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Idaho transgender residents sue over bathroom law with ACLU

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Six transgender Idaho residents have filed a lawsuit challenging Idaho’s new bathroom law, which makes it a crime to enter a bathroom designated for the opposite sex, arguing that the measure is unconstitutional, discriminatory and too vague to be enforceable.

The complaint, filed in federal court on Thursday, alleges that House Bill 752 would subject transgender people to “violence, harassment, and psychological harm” and could subject them to criminal penalties for using public restrooms “consistent with their gender identity.”

“I enjoy life as a man and using the men’s restroom wasn’t that much of a problem,” said Diego Fable, one of the plaintiffs. a press release. “But this law would force me to use women’s facilities, and doing so would only lead to doubts, questions, and suspicions… The only safe option truly possible is to stay home or leave the state altogether, leaving my dear friends and community behind.”

HB752 It passed the Legislature in March and was signed by Governor Brad Little on April 1. It will come into force on July 1. The law would make it a misdemeanor to “knowingly and willfully” enter a restroom or locker room reserved for the opposite sex.

A protester dressed as the Statue of Liberty waves a transgender pride flag while hearing arguments outside the Supreme Court in Washington on January 13, 2026. (Julia Demaree Nikhinson/AP)

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The penalty for a first offense is imprisonment for up to one year. A second offense within five years could lead to a felony charge and up to five years in prison.

The bill includes 10 exceptions, including law enforcement, detention workers, emergency responders, people providing medical assistance and those assisting a family member of the opposite sex. It also includes an exception for someone in “desperate need” to use the toilet.

Supporters say the law aims to protect privacy and security in gender-segregated spaces.

“Private spaces like restrooms, locker rooms and showers are segregated by gender for a reason,” said Sen. Ben Toews, R-Coeur d’Alene, who sponsored the bill. “Individuals in these sensitive environments have a reasonable expectation of privacy and security.”

Boise capitol and LGBTQ pride flag

Boise City Hall took down the Pride flag in March after the Idaho Legislature passed a law banning the flag in government offices. (Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images)

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Six residents represented by the ACLU and Lambda Legal. discuss the law It violates his rights under the 14th Amendment, and he’s asking a judge to block that amendment before it takes effect in July.

They also say the law is unusually broad in that it applies not only to government buildings but also to businesses open to the public.

“It creates confusion, increases suspicion and surveillance, and disrupts the status quo before any need has been demonstrated,” the complaint states. “The law will not make restrooms in Idaho safer.”

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Nineteen states have laws restricting bathroom or locker room use based on biological sex in certain settings, such as schools. But Idaho’s law applies to private, public businesses, making it one of the strictest laws in the country. Associated Press.

Idaho Attorney General Raúl Labrador and 43 district attorneys are named as defendants in the complaint.

Idaho Attorney General Raul Labrador speaks to the media outside the U.S. Supreme Court in Washington, D.C.

Idaho Attorney General Raul Labrador speaks to members of the media outside the U.S. Supreme Court in Washington, D.C., on Tuesday, Jan. 13, 2026. (Kent Nishimura/Bloomberg via Getty Images)

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Labrador’s office provided the following statement to Fox News Digital:

“Idaho has the right to set its own policies regarding public safety and privacy. The legislature passed this law, the governor signed it, and our office will defend it. Courts have already upheld Idaho’s authority to protect gender-specific spaces, and we expect the same outcome here.”

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