Court Upholds Idaho Law Protecting Children in School Bathrooms

“This is a commonsense decision by the District Court. The Idaho law is meant to protect children’s safety and privacy. It can be humiliating, demeaning and unsafe for children to be exposed to the opposite sex"




BOISE, ID – Last week, a federal judge upheld Idaho’s school bathroom law that requires public schools to provide separate bathrooms, locker rooms, showers, and dressing areas for boys and girls where students must use the facility corresponding to their assigned sex at birth.

Idaho’s Chief U.S. District Judge David Nye had temporarily blocked the law from taking effect last August, but after hearing arguments in the case he ordered his injunction to expire within 21 days to give school districts time to designate the required facilities for students. The law will take effect November 2, 2023, while the legal challenge to the law proceeds to trial. Two Boise students filed the lawsuit alleging the law discriminated against gender-confused students.

Senate Bill 1100, which passed overwhelmingly in both Idaho’s legislative chambers, briefly took effect on July 1. The law also gives students the right to sue their school district if they encounter a person of the opposite sex while using a facility designated for their biological sex.

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