2026 - HB 752 - Criminalizing Bathroom Use for Trans People

  • Status: Signed by governor
  • Position: Oppose
  • Bill Number: HB 752
  • Session: 2026
  • Latest Update: May 7, 2026
Red image of the Idaho capitol with text "oppose"

Summary

UPDATE: This bill was signed into law by Governor Little and takes effect on July 1, 2026. On April 30, 2026, we filed a lawsuit arguing this new bathroom law violates Idahoans' constitutional rights to due process, equal protection, and privacy.

HB 752 makes it a crime for a trans person to enter a public bathroom that aligns with their gender identity. The first offense is a misdemeanor punishable by up to one year in prison, and a second offense within five years is a felony punishable by up to five years in prison.

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

The law 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, HB 752 weaponizes 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 further endangers trans people by forcing them to choose between entering unsafe spaces or risking criminal charges.

This bill replaced House Bill 607.

Track Bill on FastDemocracy See All FastDemocracy Bills
Sponsors:
Representative Cornel S. Rasor

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Mar 04, 2026

Debunking Misconceptions About Idaho’s Bathroom Ban Laws

As anti-transgender rhetoric and policies have become more mainstream in recent years, so has the debate around an unexpected topic: bathrooms.

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Jackson-Edney v. Labrador

Six transgender residents of Idaho filed a lawsuit in federal court challenging H.B. 752, a 2026 state law prohibiting them from using sex-designated public restrooms in public buildings consistent with their gender identity. The lawsuit argues H.B. 752 violates their constitutional rights to due process, equal protection, and privacy. The challenge was brought by the American Civil Liberties Union, ACLU of Idaho, and Lambda Legal. About House Bill 752 H.B. 752, signed into law by Idaho Gov. Brad Little earlier this year, makes the first offense a misdemeanor with up to one year in prison, and a second offense a felony with up to five years in prison. It applies to all government-owned buildings and private businesses that are open to the public, such as libraries, rest stops, airports, malls, gas stations, restaurants, entertainment venues, hospitals, and other businesses. The Idaho Fraternal Order of Police (FOP) and the Idaho Chiefs of Police Association opposed H.B. 752, noting there is no “clear or reasonable way” to determine a person’s sex at birth during a field contact without engaging in “invasive and inappropriate” questioning or searches. Analyses of public safety data have found policies inclusive of transgender people’s access to public accommodations have no impact on rates of harassment or violence, but policies restrictive of their access have increased transgender people’s already heightened risks for harassment and violence. Transgender people are four times as likely as their cisgender counterparts to be victimized by violence. Nine states and Puerto Rico ban transgender people from using restrooms consistent with their gender identity in government buildings and 12 others have similar laws applying to K-12 public schools. Idaho’s H.B. 752 is the only state law applying to private businesses and – of the three states with criminal penalties attached to their bans – carries the steepest criminal charges in terms of prison sentences for violations.