A federal judge on Tuesday granted a request for a preliminary injunction blocking enforcement of H.B. 752, a new Idaho law that would have threatened transgender people with up to five years in prison for using public restrooms consistent with their gender identity instead of their biological sex at birth.
H.B. 752 had been set to take effect July 1. The court’s order limits enforcement of the law, protecting access to some restrooms while the legal challenge continues.
Signed into law earlier this year by Idaho Gov. Brad Little, H.B. 752 prohibits people in Idaho from using sex-designated public restrooms not matching their sex at birth in public. The law applies to government-owned buildings and private businesses open to the public, including libraries, rest stops, malls, gas stations, restaurants, entertainment venues, hospitals and other businesses. It would make a first offense a misdemeanor punishable by up to a year in prison and a second offense a felony punishable by up to five years in prison.
The Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association opposed H.B. 752, saying there is no “clear or reasonable way” to determine a person’s sex at birth during a field contact without “invasive and inappropriate” questioning or searches.
In April 2026, six transgender Idaho residents filed a lawsuit in federal court challenging H.B. 752, arguing it violates constitutional rights to due process, equal protection and privacy. The case was brought by the American Civil Liberties Union, the ACLU of Idaho, Lambda Legal, Munger, Tolles & Olson and the Alturas Law Group in the U.S. District Court for the District of Idaho. This ruling grants their May request for a preliminary injunction.
A UCLA analysis of public safety data found that policies inclusive of transgender people’s access to restrooms in public accommodations have no impact on rates of harassment or violence, while restrictive policies have increased transgender people’s already heightened risks for harassment and violence.
Some statements provided by the ACLU of Idaho:
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- Paul Carlos Southwick, legal director of the ACLU of Idaho – “This ruling means trans folks in Idaho can continue participating in public life without the threat of being arrested for using the bathroom. Trans Idahoans have been understandably anxious about the disruption this unconstitutional law would cause in their daily lives. This ruling will relieve that anxiety for our trans friends and neighbors.”
- Barbara Schwabauer, senior staff attorney for the ACLU’s LGBTQ & HIV Project – “This decision provides significant protections for transgender people in Idaho from the efforts of state politicians to force them out of public life altogether. No one should be forced to choose between the threat of arrest for being themselves in public or the threat of harassment and violence for acting the way the state wants them to be. The preliminary injunction is a vital first step as we continue to challenge this gross violation of privacy and fundamental equality until the law is blocked for good.”
- Kell Olson, counsel with Lambda Legal – “Our Constitution provides critical protections against laws that are unclear and that call on officers to make arbitrary judgments about how to enforce them, especially when the law threatens imprisonment. The court recognized that threat in providing relief to plaintiffs today. This ruling will allow transgender people throughout Idaho to find and use a public restroom, without the fear of arrest looming over them, while we continue the longer fight to permanently defeat this discriminatory law in court.”
