Many states have adopted “bathroom bans,” which generally require people to use restrooms that correspond to their sex assigned at birth, rather than their gender identity. In March, Idaho passed a new law that takes an exceptionally tough stance on this issue. It covers restrooms in not only government buildings but also private businesses open to the public, and it imposes criminal penalties for violations. A first-time offense could result in up to a year in jail, while a repeat violation could result in up to five years in prison. (The law includes certain exceptions, such as when a single-user facility designated for the “opposite sex” is the only “reasonably available” restroom and when a person is in “dire need” of a bathroom.)
Litigation soon ensued in federal court. The plaintiffs argued that the law violates the constitutional protections of due process, equal protection, and privacy. They asked for an order known as a preliminary injunction, which would block the law as the case proceeded. Otherwise, it would have taken effect on July 1.
Last week, a federal judge granted this order. She barred Idaho from enforcing the law in either of two situations. First, a transgender person may use a restroom consistent with their gender identity when the restroom at issue is a single-user facility. Meanwhile, they can use multi-user facilities consistent with their gender identity when there is no single-user restroom on the same floor or when any single-user restrooms on the same floor are occupied or not in service.
The Idaho Attorney General plans to appeal the preliminary injunction, setting up a battle within the larger case that could set the tone for the law’s eventual fate. While a preliminary injunction isn’t a final ruling on the merits, it requires a judge to assess whether the plaintiff likely will prevail. In finding this element met, the trial judge signaled her receptiveness to the plaintiffs’ arguments. If an appeals court reverses that ruling, this could signal the opposite final outcome.
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