Other states take aim at Idaho’s transgender bathroom law

Attorneys general in 21 states filed a brief Thursday arguing Idaho’s transgender bathroom law violates federal civil rights protections.

Washington state Attorney General Bob Ferguson and New York Attorney General Letitia James are leading the effort, arguing that Idaho’s law prohibiting students from using bathrooms that don’t correspond to their biological sex is discriminatory.

“Allowing students to use bathrooms and changing rooms that correspond with their gender identity helps them feel accepted and does not pose a threat to anyone,” Ferguson said in a news release. “In Washington, where the rights of transgender students are protected, public schools report no instances of transgender students harassing others in bathrooms or locker rooms. In contrast, the evidence is overwhelming that prohibiting students from using facilities that correspond to their gender identity causes them very real physical, emotional and mental harm.”

Idaho Attorney General Raúl Labrador defended Idaho’s law, SB 1100, which was passed during the 2023 legislative session and requires schools to only allow students to use bathrooms and other changing facilities that align with their biological sex. It includes a civil penalty, under which any student who encounters someone of a different sex in one of these facilities may sue the school for up to $5,000.

“Society has separated these intimate facilities for time immemorial. It is particularly important that the safety and privacy interests of minor students are protected,” Labrador said in an emailed statement. “It is not surprising that Washington State, New York and others are looking to challenge Idaho’s common sense laws that prioritize the safety and well-being of our children.”

The law was challenged in federal court in July by a Boise seventh grader who is transgender and the Sexuality and Gender Alliance. A federal district court judge initially had temporarily blocked the law from going into effect, but later he removed the injunction and allowed it to be enforced.

Chief U.S. District Court Judge David Nye also denied the state’s motion to dismiss the case, allowing the legal challenge to continue.

In the brief filed in the U.S. Ninth Circuit Court of Appeals, the other states’ chief lawyers argue the judge “erroneously” denied the preliminary injunction in his decision to let the law take full effect.

“Amici States strongly support the right of transgender people to live with dignity, be free from discrimination, and have equal access to education, government-sponsored opportunities, and other incidents of life, including equal access to school restrooms,” the brief said. “Discrimination on the basis of one’s transgender status causes tangible economic, educational, emotional, and health harms”

An amicus brief is filed by those who aren’t a party to the court case but show an interest in its outcome and can provide the court further information, usually in support of one side of the case.

Supporters of Idaho’s bill said it protects the privacy and safety of students.

Ferguson, the Washington state attorney general, argues that the transgender students’ safety and privacy are violated under the law. The brief included a citation to a 2022 survey by the Trevor Project that found 64% of transgender and nonbinary students reported that they had been discriminated against in the past because of their identity. It included references to other studies showing increased rates of harassment, depression and other violence.

The brief, led by Washington and New York, is joined by attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, D.C.

Court records show PFLAG, inc. and its Coeur D’Alene/Kootenai County and Moscow chapters, the Trans Youth Equality Foundation and Gender Diversity also submitted an amicus brief on Thursday in opposition to the law.

The American Medical Association, American Academy of Pediatrics, American Psychiatric Association and GLMA: Health Professionals Advancing LGBTQ+ Equality, additionally filed a brief in support of the plaintiffs.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.