Idaho Passes Extreme Transgender Bathroom Ban

New law would criminalize trans people using preferred bathrooms, with harsh penalties

Mar. 28, 2026 at 4:38am

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The Idaho Legislature has passed a bill that would criminalize 'willfully' entering public and government bathrooms and changing rooms designated for another sex. The bill, which heads to the governor for final consideration, would effectively block transgender people from using their preferred public bathrooms in Idaho, expanding on the state's existing transgender bathroom ban in public schools. A first offense would carry a misdemeanor, punishable by up to one year in prison, while a second offense within five years would be a felony, punishable by up to five years in prison.

Why it matters

This bill is seen as the most extreme anti-transgender bathroom ban in the nation, going further than similar laws in just three other states. It is part of a wave of anti-LGBTQ+ legislation that Idaho has passed in recent years, targeting transgender people's rights and access to healthcare. The bill has drawn strong opposition from LGBTQ+ advocates, some law enforcement groups, and even a few Republican lawmakers who see it as harmful and discriminatory.

The details

House Bill 752 would create criminal misdemeanor and felony charges for people who 'knowingly and willfully' enter a bathroom or changing room designated for the opposite sex, with some exceptions. The bill would apply in government-owned buildings and places of public accommodations, like private businesses. Only three other states - Utah, Florida and Kansas - currently have criminal bans on trans people using bathrooms that align with their gender identity.

  • The bill passed the Idaho Senate on a 28-7 vote on March 27, 2026.
  • The bill previously passed the Idaho House on a 54-15 vote earlier in March 2026.

The players

Idaho Legislature

The state legislature in Idaho that widely approved the transgender bathroom ban bill.

Gov. Brad Little

The governor of Idaho who will decide whether to sign the bill into law, veto it, or allow it to become law without his signature.

Planned Parenthood Alliance Advocates — Idaho

An LGBTQ+ advocacy group that called the bill 'the most extreme anti-transgender bathroom ban in the nation.'

Nikson Mathews

The chair of the Idaho Democratic Queer Caucus, who testified that the bill would force him to use the women's restroom as a transgender man.

Idaho Fraternal Order of Police

A law enforcement group that opposed the bill, saying it would put officers in difficult positions of determining individuals' biological sex to enforce the law.

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What they’re saying

“They go in the bathroom they're supposed to, they upset people. If they go in the one that they now look like, they're breaking the law, which could include pretty severe penalties. ... We seem to be really focused on this space and ignoring the fact that there are people that are just like us, human beings, just like us. What are they supposed to do?”

— Sen. Jim Guthrie, Republican Senator

“The Legislature has a fundamental duty to protect the bodily privacy and safety of Idaho citizens. House Bill 752 provides a clear, proactive tool to secure sex-separated private spaces in our state, while accommodating common-sense realities.”

— Sen. Ben Toews, Republican Bill Sponsor

“Every single day when I'm out in public, I have to decide: Do I feel like going to jail today, or do I feel like being attacked?”

— Nikson Mathews, Chair, Idaho Democratic Queer Caucus

What’s next

Once the bill is transmitted to Gov. Brad Little, he has five days to decide whether to sign it into law, veto it, or allow it to become law without his signature.

The takeaway

This extreme transgender bathroom ban is the latest in a series of anti-LGBTQ+ bills passed by the Idaho Legislature in recent years, reflecting a broader effort to target and marginalize the state's transgender community. The harsh criminal penalties and invasive enforcement provisions have drawn widespread criticism, even from some Republican lawmakers, and highlight the ongoing battles over LGBTQ+ rights playing out across the country.