Idaho Lawmakers Propose Bills to Restrict Bathroom Access Based on Biological Sex

New legislation would criminalize bathroom use not aligned with birth sex and allow citizen lawsuits against public facilities.

Published on Feb. 9, 2026

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Two new bills introduced in the Idaho legislature would expand the state's laws restricting bathroom access for transgender people and others whose gender identity does not match their birth sex. One bill would make it a misdemeanor crime to use a restroom, locker room or shower that does not align with one's 'biological sex,' while the other would allow citizens to sue operators of public restrooms that do not segregate facilities based on 'biological sex.'

Why it matters

These bills are the latest efforts by conservative lawmakers in Idaho to limit LGBTQ+ rights and target transgender individuals, following a 2023 law that allowed parents to sue schools over transgender bathroom policies. Critics argue the new proposals criminalize people simply for using the bathroom and could lead to increased discrimination and harassment.

The details

The first bill, from Republican Rep. Cornel Rasor, would make it a misdemeanor for someone to 'knowingly and willingly' enter a public restroom that does not align with their 'biological sex.' A second offense would be a felony. The other bill, from the conservative Idaho Family Policy Center, would allow citizens to sue operators of public restrooms - both government agencies and private businesses - that do not take 'reasonable steps' to separate facilities based on 'biological sex.'

  • The two bills were introduced in the Idaho legislature on Friday, February 9, 2026.
  • In 2023, Idaho passed Senate Bill 1100, which created a 'civil cause of action' allowing parents to sue their child's school if it allows transgender students to use restrooms or locker rooms that do not match their biological sex.

The players

Rep. Cornel Rasor

A Republican state representative who introduced a bill to criminalize the use of public restrooms not aligned with a person's biological sex.

Idaho Family Policy Center

A conservative Christian lobbying group that co-authored the 2023 law allowing parents to sue schools over transgender bathroom policies, and is now sponsoring a new bill to allow citizens to sue operators of public restrooms that do not segregate facilities by biological sex.

Rep. Stephanie Mickelsen

A Republican state representative who joined Democrats in opposing the bill to criminalize bathroom use not aligned with biological sex.

Rep. Monica Church

A Democratic state representative who criticized the bill for criminalizing people simply for being in a restroom, arguing that existing laws already address issues like assault and peeping.

Rep. Ted Hill

A Republican state representative who is sponsoring the bill to allow citizen lawsuits against public restroom operators that do not segregate facilities by biological sex.

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What they’re saying

“Single-sex facilities have long existed to safeguard female privacy, safety and bodily autonomy from male presence in vulnerable settings.”

— Rep. Cornel Rasor (dailyfly.com)

“They have not done anything. They are just in a room. We have laws … about peeping Toms, about assault, about rape, about all those things.”

— Rep. Monica Church, Democratic state representative (dailyfly.com)

“Now we're ready to finish the work of protecting every woman in all public buildings — ensuring that they never feel unsafe as a result of biological men invading their restrooms and locker rooms.”

— Blaine Conzatti, President, Idaho Family Policy Center (dailyfly.com)

What’s next

The House State Affairs Committee has introduced the two bills, setting the stage for future public hearings where lawmakers will debate and potentially advance the legislation.

The takeaway

These proposed laws in Idaho are the latest example of conservative efforts to restrict LGBTQ+ rights, particularly targeting transgender individuals. Critics argue the bills criminalize people for simply using the bathroom and could lead to increased discrimination, while supporters claim the measures are necessary to protect women's privacy and safety.