Overview
- A federal judge granted a preliminary injunction on Tuesday that bars Idaho from enforcing major parts of H.B. 752 while a constitutional challenge proceeds.
- The injunction protects transgender Idahoans using single‑user restrooms and people who lack an available single‑user restroom on the same floor, but other sections of the law remain on the books.
- Brailsford wrote the statute’s exceptions for a restroom that is “reasonably available” or for being in “dire need” give no objective standards, creating a risk of arbitrary enforcement.
- The ruling flagged practical enforcement problems raised by police groups and noted the state’s suggestion of DNA testing as an implausible means to verify ‘biological sex,’ and Idaho’s attorney general said the state will appeal.
- H.B. 752 carries criminal penalties of up to one year for a first offense and up to five years for a repeat offense, and the case is likely to move through further federal proceedings and an appeal to the Ninth Circuit, shaping the legal fight over similar laws nationally.