2025 Legislative Session: LGBTQ+ Rights and Trans Justice

Christian Nationalism in Idaho isn’t just a cultural shift—it’s actively reshaping our laws, power structures, and public discourse. This session, lawmakers introduced House Joint Memorial 1, urging the U.S. Supreme Court to revisit Obergefell v. Hodges, the landmark decision granting marriage equality nationwide. In a stunning move, even Democratic members of the House State Affairs Committee voted to give the bill a public hearing rather than denouncing it altogether. In response, community members organized swiftly, culminating in a walkout during the hearing. LGBTQ+ affirming religious leaders stood in direct opposition to this theocratic overreach, challenging the legislature’s assertion of moral authority. 

This was just the beginning. Throughout the session, lawmakers continued to legislate from a narrow religious perspective. House Bill 59, passed under emergency status, allows medical professionals to deny care based on their personal religious beliefs—posing a severe threat to LGBTQ+ Idahoans, particularly in rural areas. The legislature also passed a resolution formally recognizing “Traditional Family Month,” reinforcing a narrow, exclusionary definition of family. 

Groups like the Idaho Family Policy Center, Mass Resistance, and Christ Church in Moscow are not simply religious institutions; they are political forces with deep ties to legislators and a clear agenda: to rewrite Idaho’s laws in accordance with their theology. Their influence is evident in the continued collapse of the line between church and state, steering the state away from democracy and toward authoritarian rule. 

In line with this ideological push, lawmakers escalated efforts to censor LGBTQ+ expression in public spaces. This included bills restricting which flags can be flown at government buildings and schools—clearly aimed at banning Pride flags and similar symbols. Advocates raised alarm over the chilling effect on speech, especially when, even before the law took effect, a local school district used it to justify the removal of an “Everyone is welcome here” sign in a classroom. 

The legislature also passed two bills banning instruction on gender identity and sexuality in K-12 education, doubling down on efforts to erase LGBTQ+ existence from public learning environments. And once again, lawmakers introduced a drag ban under the false narrative that all drag is inherently sexual. Thankfully, that bill was defeated—but its reintroduction shows the persistent effort to restrict queer and trans expression.  

Perhaps most alarming were attempts to control how transgender people navigate public life. A suite of “bathroom bounty” bills allowed individuals to sue if they encountered someone they believed to be of the “opposite sex” in a bathroom or changing area. While early versions of these bills targeted all public spaces, the final version—HB 264—was narrowed to apply to correctional facilities, domestic violence shelters, and publicly funded universities. The bill’s vague enforcement provisions, lack of protections from false accusations, and potential for harassment went largely unaddressed by lawmakers—raising a critical question: Who exactly is being protected by these laws? 

In a further step toward criminalizing transgender existence, lawmakers expanded Idaho’s definition of indecent exposure to include female breasts and the chests of transgender people, making it possible to criminalize someone simply for having a bare chest—regardless of context or location. This move, too, ignored public concerns and reinforced the legislature’s intent to police bodies, particularly those of trans people. These policies don’t just marginalize LGBTQ people, they also expand state control over bodies, identities, and expression. 

Despite the onslaught, LGBTQ+ advocates and allies scored important victories this year. The proposed drag ban was once again defeated. And despite two separate attempts, lawmakers failed to pass bills restricting access to accurate birth certificates and identity documents for transgender people—a testament to the persistence of advocates who have already beaten back similar efforts in the courts. 

We also saw meaningful progress in limiting harm. While many anti-trans bills were introduced, relentless advocacy helped narrow the scope of the most dangerous ones. In the case of HB 264, advocates pushed successfully to reduce its reach, protecting many public spaces from its chilling effects. 

And perhaps most significantly, the fight is no longer being waged by LGBTQ+ Idahoans alone. Cisgender women, faith leaders, and community allies showed up this year in powerful ways, standing beside trans people and vocally opposing harmful policies. Their presence at the Capitol—and in the walkout against HJM 1—offered a glimpse of what sustained, community-rooted resistance can look like.

Each year, we see the anti-LGBTQ+ movement become stronger and more calculated, building upon restrictive laws to continue loosening the threads of our democracy. Emboldened by a federal government hostile to the LGBTQ+ community, we know attacks on transgender and queer folks will continue escalating in the coming months and years. 

Next year, we predict many anti-LGBTQ+ bills will resurface, likely with a more determined approach. We anticipate continued attacks on trans folk’s ability to exist and express themselves, such as a drag ban and restrictions around birth certificates. We also foresee increased attacks on the entire LGBTQ+ community, with a likely reintroduction of legislation like HJM 1, which requests the U.S. Supreme Court overturn gay marriage. 

While the LGBTQ+ community is currently facing the brunt of these discriminatory attacks, such efforts are laying the groundwork for a large-scale assault on everyone’s rights. We will not allow our constitutional freedoms to become a thing of the past.  

For more than 30 years, the ACLU of Idaho has withstood hostile environments to protect the rights of all Idahoans. We aren’t going anywhere, not today, not ever. We are celebrating our wins from this legislative session, including the defeat of extreme bills and reduction of harm in bills that became law. We are also studying our losses, working to educate the public on their rights under new laws and finding opportunities to resist.  

As we look to the months and years ahead, we find strength in the stories of Idahoans who refuse to stop fighting. We’re inspired by the resilience of our transgender community and empowered by allies who are speaking out in support of their LGBTQ+ neighbors.  

Fueled by the power of our community, we are pushing back against authoritarianism at every turn. The ACLU of Idaho will not stop fighting for a future where every Idahoan is able to live freely, authentically, and with equal access to their constitutional rights.