2026 - HB 752 - Criminalizing Bathroom Use for Trans People

This bill replaced House Bill 606.

Would make it a crime for a trans person to enter a public bathroom that aligns with their gender identity. The bill proposes to make the first offense a misdemeanor with up to one year in prison, and a second offense in five years a felony with up to five years in prison

This would apply to all government buildings and public spaces, such as libraries, rest stops, airports, malls, gas stations, restaurants, entertainment venues, hospitals, and other businesses.

The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.

Instead, this bill would weaponize the law to discriminate against trans people by threatening them with prison time for the harmless act of using a public facility for its intended purpose. This bill risks the privacy and dignity of every single Idahoan, as cisgender people who do not conform to rigid gender norms could face accusations, harassment, and arrest for using a public restroom.

There is no evidence that trans individuals accessing gender-aligned bathrooms are a threat to safety or privacy. However, research does show that trans people face a higher risk of violence and harassment when forced to use bathrooms based on sex assigned at birth.

HB 752 would further endanger trans people by forcing them to choose between entering unsafe spaces or risking criminal charges.