HB 264 restricts access to restrooms, changing rooms, and other gendered spaces in certain state-run facilities, including public colleges and universities and correctional facilities, based on sex assigned at birth. It also allows people to bring lawsuits against certain state-run facilities. The law takes effect July 1, 2025.
Learn more about this new law below.
HB 264 restricts access to communal restrooms (and other gendered spaces, like locker rooms and dorms) according to sex assigned at birth in certain state-run facilities. These facilities are 1) state colleges and universities, including community colleges; 2) prisons and jails, including juvenile and adult facilities; and 3) state-run domestic violence shelters.
Idaho’s new facilities law follows recent legislative trends that attack the rights of transgender people to access ordinary spaces. After July 1, 2025, use of communal gendered spaces in these state-run facilities will be designated by sex assigned at birth, rather than according to gender identity or expression. Punishment for violations is limited to state-run facilities and not transgender folks; an individual who “encounters a person of the opposite sex in such restroom or changing facility” can sue the state-run entity.
State-run facilities are obligated to comply with the new law by designating communal restrooms, and any multi-user changing or locker rooms and sleeping quarters for either “male” or “female” use only. Though the law does not include specific directives, state-run higher education, corrections, and domestic violence facilities must designate use of restrooms according to sex assigned at birth. Students and employees who do not wish to use facilities according to sex assigned at birth may ask for accommodations; state-run entities are allowed to accommodate reasonable requests.
The new anti-trans restroom law is dangerous for all Idahoans but poses specific threats to the freedom and safety of transgender folks. Efforts to ban trans people from using public restrooms, like HB 264, are a core part of a larger strategy to push transgender people out of public and civic life. Potential risks stemming from the law include:
Health and social harm. Laws that restrict access to basic and essential places, like restrooms, have negative impacts on transgender people who may avoid restrooms in order to stay safe, even when needed. Not going to the restroom can have negative impacts on health, educational and employment outcomes and may decrease participation in public life.
Safety and Privacy
Increased surveillance. There is no evidence that allowing access to restrooms aligned with gender identity threatens safety or privacy. Restroom restrictions are rooted in and amplify false narratives about the trans community. These narratives can lead to increased attention to—and policing of—gender expression in spaces like restrooms.
Ad hoc enforcement. Greater suspicion and fear about who is in the restroom can lead to vigilante enforcement of the law. Such situations are dangerous; research shows instances of verbal harassment, sexual assault, and physical violence against trans folks increase when laws prevent using facilities aligned with gender.1 Such laws also increase the risk of unwanted or dangerous interactions in restrooms for all Idahoans in part because gender norms are subjective; a cisgender person could be accused of violating the law for failing to sufficiently perform their gender.
Threats to privacy. The law does not offer any guidance about applicability or enforcement, raising serious concerns about the privacy of anyone accused of breaking the law. It is unclear if the state-sponsored facilities, for example, will implement invasive procedures in an effort to “verify” gender and sex—nor does it include guidance on how to accommodate a person that does not wish to share private identification documents.
State-run Facilities
Legal risk for state facilities. The law opens state entities to new risks by allowing any person to sue the entity for encountering a person of the opposite sex. Without guidance on enforcement or verification protocol, it is important for state entities impacted by the law to craft internal policies that ensure the privacy of folks in restrooms, offer training on deescalating confrontations in restrooms, and so on.
Request accommodation. If you are uncomfortable using restrooms according to natal sex, ask your school or work for accommodations. State entities impacted by the law are allowed to adopt policies that comply with the Americans with Disabilities Act and/or that establish single-occupancy restrooms and changing rooms. Accommodation can include things like a single-person restroom, which you are required to submit in writing to your school or work.
Privacy. You have the right to feel safe at school, work, and in public. Idaho’s facilities law may increase the risk that your privacy is threatened, but it does not change your right to privacy nor your right to hold accountable policies or people that violate your privacy.
Document requests. Keep records of any requests for accommodation, responses received, and of any incidents where you think your privacy was violated. If there are issues or denials, having written evidence can be helpful if you seek legal support for the impact of the law on your life.
Be aware of risk. There are no guidelines for how the law will be enforced, which may increase the potential for unwelcome attention or encounters in restrooms. The ACLU has resources to help you understand your rights, including information about LGBTQ+ rights and transgender rights.
Document interactions. If you are cited under the law or even approached about it, take notes. Write down details about the interaction, whether with the police or another individual, including the names and badge numbers of any law enforcement agents. If you feel your rights have been violated, you can file a report with the ACLU of Idaho – here's our intake form.
Tell someone. If you face discrimination or privacy violations, you may want to file a complaint with your school. You may also consider reporting the incident to civil rights organizations, including the ACLU of Idaho, Lambda Legal, and others.
Be in community. There are incredible local, statewide, and national advocacy groups, including groups that support trans folks, their families, and allies. Community can help with finding support or resources and offer guidance for navigating interactions at work or school.