Judge Signals Swift Decision on Injunction Request

A federal judge heard arguments Friday over whether Idaho’s new transgender bathroom restriction law should be blocked before it takes effect, pressing both sides on how enforcement of the measure would function in practice. Chief U.S. District Judge Amanda K. Brailsford, presiding over the challenge in federal court, indicated she intends to rule quickly on the request for a preliminary injunction.

The lawsuit was brought by six transgender Idahoans challenging House Bill 752, which passed the Idaho Legislature along party lines with Republican support. The law is scheduled to take effect July 1.

What the Law Does — and What It Criminalizes

Under HB 752, it is a criminal offense to knowingly and willfully enter a restroom or changing facility designated for the opposite sex. Repeat violations can be charged as a felony carrying a maximum sentence of five years in prison. The law applies not just to government facilities but extends to private businesses as well — a scope the American Civil Liberties Union says makes Idaho unique among the states that have enacted similar restrictions.

The ACLU also notes that Idaho’s criminal penalties are the steepest of any of the three states that have enacted criminal-level bathroom restrictions.

The plaintiffs are seeking class-action status and are asking the court to block enforcement of the bathroom provisions. Their lawsuit does not challenge the law’s separate restrictions on changing rooms.

Arguments From Both Sides

Lambda Legal attorney Kell Olson argued the law puts transgender Idahoans at immediate risk, saying it “does make Idaho less safe for transgender people” and “threatens serious and immediate harm, no matter what trans people do.”

Idaho Solicitor General Michael Zarian pushed back on the notion that the law targets transgender individuals for safety reasons, arguing instead that the underlying concern is about male presence in spaces designated for women. “The point is not that transgender people are more likely to commit safety violations,” Zarian said. “The point is that men in women’s restrooms are more likely to commit safety violations.”

A 2025 study from the UCLA Williams Institute found no evidence that people are exposed to greater harm in facilities where transgender individuals use the bathroom consistent with their gender identity. The same research found that transgender people reported experiencing verbal harassment and physical assault when denied access to facilities aligned with their gender identity.

Idaho’s Broader History on Transgender Legislation

HB 752 is the latest in a series of Idaho laws addressing transgender access and participation. The state enacted a ban on transgender women and girls competing in sports in 2020, a measure that remains tied up in litigation with a ruling from the U.S. Supreme Court still pending. A 2023 law restricting bathroom use in public schools took full effect last month.

The breadth of HB 752 goes further than those earlier measures, reaching into private commercial spaces and attaching felony-level consequences for repeated violations — factors the plaintiffs argue raise distinct constitutional questions.

Idaho has been an active front in national litigation over transgender-related legislation, and the outcome of this case could have implications for how other states structure similar laws. The Legislature’s activity on social policy questions this past session continued a pattern of Idaho serving as an early mover on conservative-priority measures, a dynamic that has drawn both national attention and repeated legal challenges. For more on Idaho legislative developments from this past session, see our recent coverage of issues ranging from education policy to infrastructure funding.

What Comes Next

With the July 1 effective date approaching, Judge Brailsford’s preliminary injunction ruling will determine whether the law goes into force as written or is paused while litigation proceeds. If she declines to issue an injunction, the criminal provisions would take effect as scheduled. If she grants it, enforcement would be on hold pending the outcome of the broader case.

The ruling is expected before the end of the month, given the judge’s stated intent to act quickly following Friday’s hearing.