A federal judge blocked Idaho’s bathroom criminalization law before it could take effect on July 1, 2026, ruling the law unconstitutionally vague and granting a temporary injunction sought by six transgender Idaho residents.
Idaho’s Bathroom Law Would Have Made Repeat Violations a Felony
U.S. District Judge Amanda Brailsford, a Biden appointee to the District of Idaho, sided with the plaintiffs, who were represented by the American Civil Liberties Union (ACLU). The law would have imposed criminal penalties on transgender people who use government or business restrooms that do not match the sex they were assigned at birth. Repeat violations would have carried felony charges.
The court’s central problem with the law was its enforcement mechanism. Idaho gave police officers no objective standard for assessing a person’s biological sex, and included a “dire need” exception for transgender restroom use that Brailsford found equally hollow.
“It does not identify any objective benchmark, specify what evidence may establish such a need, or explain how an officer is to assess whether the exception applies.”
U.S. District Judge Amanda Brailsford, District of Idaho, June 2026
The state’s proposed enforcement approach made the vagueness problem harder to ignore. Idaho Solicitor General Michael Zarian suggested last week that police could determine a person’s biological sex by forcing suspected violators to undergo DNA testing, a procedure that ordinarily requires a warrant.
Brailsford’s 30-page decision acknowledged that Idaho has “a valid interest in promoting bodily privacy and protecting women and children in public restrooms from those who may seek to do harm,” but concluded that existing state laws already address that interest.
The ACLU Won Round One. The Appeal Comes Next.
Paul Carlos Southwick, legal director of the ACLU of Idaho, said in a statement, “Trans Idahoans have been understandably anxious. This ruling means trans folks in Idaho can continue participating in public life without the threat of being arrested for using the bathroom.”
That relief is temporary. Idaho Attorney General Raul R. Labrador has pledged to appeal the injunction, meaning this case will move to the Ninth Circuit. The outcome there will determine whether Idaho’s law can be enforced and could influence similar legislation advancing in other states.
What You Can Do Now
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Call your U.S. senators at (202) 224-3121 and tell them to oppose any federal bathroom criminalization legislation. Idaho’s law is among several state models being watched by federal lawmakers, and a Ninth Circuit ruling could accelerate federal proposals.
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Contact the ACLU of Idaho directly at (208) 344-9750 or acluidaho.org to ask how to support the legal team handling this case. The appeal is imminent, and litigation support funds expert witness fees and court costs.
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Contact Idaho Governor Brad Little at governor.idaho.gov/contact or (208) 334-2100. Urge him not to pursue additional enforcement mechanisms while the case is on appeal, and to avoid legislation that expands criminal exposure for transgender residents.
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Track the Ninth Circuit appeal at ca9.uscourts.gov. Idaho AG Labrador’s appeal will be filed there. Monitoring the docket lets you flag key hearing dates for your network and shows up in public comment counts that courts do notice.
Sources
- Federal judge partially blocks Idaho trans bathroom ban law with preliminary injunction — Idaho Capital Sun (2026-06-17)
LGBTQ Nation: Federal Judge Temporarily Blocks Idaho Trans Restroom Prison Law
ACLU of Idaho: Lawsuit Filing Against Idaho Bathroom Criminalization Law
The Hill: Judge Rules Idaho Bathroom Law Enforcement Relies on Officer Subjectivity
The New York Times: Idaho Trans Bathroom Law Blocked as Unconstitutionally Vague