A federal judge in Idaho heard nearly two hours of arguments Friday over whether to block a new state law requiring restroom use based on biological sex, with a ruling needed before the measure takes effect on Tuesday.

The Case Before the Court

Chief U.S. District Judge Amanda Brailsford presided over the hearing in Jackson-Edney v. Labrador, a lawsuit filed May 29 that challenges House Bill 752. The law mandates that individuals use public restrooms corresponding to their biological sex. Plaintiffs are seeking a preliminary injunction that would pause the law’s implementation while broader litigation continues.

Judge Brailsford did not issue a ruling from the bench but signaled she understands the urgency, saying she intends to decide as soon as possible. The outcome of the injunction request will determine whether HB 752 takes effect as scheduled or is put on hold during the ongoing legal challenge.

Plaintiffs’ Arguments

Attorneys for the plaintiffs argued that HB 752 violates constitutional protections, raising two primary concerns: that the law is unconstitutionally vague and that its enforcement would be inconsistent and difficult to administer in practice.

Plaintiff attorney Kell Olson argued that the measure leaves law enforcement without clear guidance. “This law is not clear,” Olson said. “It doesn’t provide clear guidance to law enforcement about what they do when they show up, how they decide if someone’s following the law, how they decide if someone falls under an exception.”

Olson also addressed the personal dimension of the case, noting that restroom access is a routine but consequential aspect of daily life for transgender Idahoans who could face immediate harm if the law goes into effect.

State’s Defense

Attorneys defending the law on behalf of the state, led by Attorney General Raúl Labrador’s office, argued that HB 752 is constitutionally sound. The state’s position is that biological sex is binary and that separating restroom access by sex assigned at birth reflects a long-standing and legally defensible approach to public facility design.

State attorneys maintained the law is a legitimate privacy protection measure, not an unconstitutional restriction, and urged the court to allow it to take effect as scheduled.

Judge’s Questions Draw Attention

During the lengthy hearing, Judge Brailsford pressed both sides on the practical realities of enforcement. She questioned how law enforcement officers would determine whether someone qualifies for any exceptions the law provides, and raised concerns about potentially uneven application of the statute across different jurisdictions within Idaho.

Those questions aligned with the plaintiffs’ core argument about vagueness — that the law does not give police, facility operators, or the public sufficient clarity about what conduct is required or prohibited.

What Comes Next

With July 1 approaching, the judge’s timeline is compressed. If she declines to issue a preliminary injunction, HB 752 would become enforceable as written. If she grants the injunction, the law would be blocked while the underlying constitutional questions are litigated — a process that could take months or longer.

The case adds to a growing list of legal challenges to Idaho statutes working through the federal court system. Idaho’s abortion laws are separately facing a new federal challenge, and the state has seen increased litigation activity in recent months targeting laws passed during the 2025 and 2026 legislative sessions.

HB 752 was among the more closely watched measures from the Idaho Legislature’s recently concluded session. Supporters framed the bill as a commonsense privacy protection for women and children using public facilities. Opponents argued it would place transgender Idahoans in an untenable position and create enforcement problems that could expose individuals to harassment or legal jeopardy.

Judge Brailsford’s ruling, expected before Tuesday, will be an early signal of how federal courts in Idaho approach the wave of social-policy legislation that advanced during the 2026 session.