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By Jesus Mesa
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The Idaho House passed legislation Monday that would criminalize the use of bathrooms not matching a person's biological sex, creating felony charges for repeat offenses. The bill passed on a 54-15 vote, with six Republicans joining all nine House Democrats in voting against it.
The six Republicans who voted against House Bill 752 were Marco Erickson, Ben Fuhriman, Dan Garner, Clay Handy, Dustin Manwaring, and Jack Nelsen.
Why It Matters
Idaho's Republican supermajority controls 61 of 70 House seats and has pursued aggressive transgender restrictions. In 2023, state lawmakers made it a felony for doctors to provide gender-affirming health care to transgender youth.
Read More on Politics
Last year, lawmakers passed a dozen anti-LGBTQ+ bills into law, including an expansion to the state's indecent exposure law.
What To Know
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 in government-owned buildings and private businesses.
A first offense carries a misdemeanor penalty of up to one year in prison. A second offense within five years becomes a felony, punishable by up to five years in prison.
Bill sponsor Representative Cornel Rasor, a Sagle Republican, argued the legislation protects women and girls. "It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid," Rasor said during the House floor debate.
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The bill expands a 2023 law regulating school bathrooms, which required schools to regulate restrooms and locker rooms based on a student's biological sex at birth.
Law enforcement groups opposed the measure. The Idaho Fraternal Order of Police told lawmakers in written testimony that it "presents significant practical enforcement challenges for law enforcement officers in the field." The Idaho Sheriffs' Association called for a "duty to depart" provision requiring individuals to leave a facility when asked before facing criminal charges, arguing the addition would establish clear intent and make enforcement workable.
What People Are Saying
Rep. Chris Mathias, a Boise Democrat, said during the House floor debate on March 16: “The truth of the matter is — and I know a lot of people don’t want to say it, but — forcing people who don’t look like the sex that they were born with, or transgender folks, forcing them to use other people’s bathrooms is going to put a lot of people in danger.”
Joel Fischer, policy director for the Idaho Family Policy Center, testified before the committee on March 11: "No parent should fear that their young daughters will encounter a member of the opposite sex while using a department store bathroom or changing facility."
Nixon Matthews, transgender Boise resident, told the committee on March 11: "When is it enough? When do we reach the point when it's been enough?" and "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?"
What Happens Next
The bill now heads to the Senate for consideration. To become law, Idaho bills must pass the House and Senate and avoid the governor's veto. The Idaho State Senate is controlled by Republicans 29-6, providing a favorable path for passage. Governor Brad Little, a Republican who was reelected in 2022, has not indicated opposition to the measure.
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