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Six transgender Idaho residents have filed a lawsuit challenging Idaho’s new privacy law, which makes it a crime to enter a restroom designated for the opposite sex, saying the measure is unconstitutional, discriminatory and too vague to be effective.
The complaint, filed in federal court Thursday, says House Bill 752 would expose transgender residents to “rape, harassment, and psychological harm” and subject them to criminal penalties for using public restrooms that “conform to their gender.”
“I have always enjoyed life as a man and using the men’s restroom was not a big deal,” said Diego Fable, one of the plaintiffs, in a press release. “But this law will force me to use women’s facilities, and to do so will invite suspicions, questions, and raised eyebrows… The only really safe option is to stay at home – or leave the country altogether, leaving my dear friends and society.”
HB 752 passed the Legislature in March and was signed by Gov. Brad Little on April 1. It will take effect on July 1. The law would make it a felony to “knowingly and knowingly” enter a restroom or changing room designated for the opposite sex.
A protester dressed as the Statue of Liberty raises a transgender pride flag outside the Supreme Court in Washington as he hears arguments on Jan. 13, 2026. (Julia Demaree Nikhinson/AP)
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A first offense is punishable by up to a year in prison. A second offense within five years could result in a felony and up to five years in prison.
The bill includes ten exceptions, including law enforcement, child care workers, emergency responders, people providing medical aid and those helping a family member of the opposite sex. It also includes an exception for someone who “desperately needs” a toilet.
Supporters say the law is intended to protect privacy and safety in sexually diverse areas.
“Private areas like toilets, changing rooms and showers are separated by sex for a reason,” said Sen. Ben Toews, R-Coeur d’Alene, sponsored the bill. “People in these vulnerable settings have a reasonable expectation of privacy and security.”
Boise City Hall took down its Pride flag in March after the Idaho Legislature passed a law banning the flag from government offices. (Darin Oswald/Idaho Statesman/Tribune Service via Getty Images)
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Six residents, represented by the ACLU and Lambda Legal, say the law violates their rights under the 14th Amendment and are asking a judge to block it before it takes effect in July.
They also said that this law is unusually broad because it does not only apply to government buildings but also businesses that are open to the public.
“It creates confusion, increases suspicion and surveillance, and disrupts the status quo without a demonstrated need to do so,” the complaint said. “The law will not make bathrooms in Idaho safer.”
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Nineteen states have laws that restrict bathroom or locker room use in certain places, such as schools, based on sexual orientation. However, Idaho’s application of the law to private businesses open to the public makes it one of the strictest states in the nation, according to the Associated Press.
Idaho Attorney General Raúl Labrador and 43 state prosecutors are named as defendants in the complaint.
Idaho Attorney General Raul Labrador speaks to members of the media outside the US Supreme Court in Washington, DC, Tuesday, Jan. 13, 2026. (Kent Nishimura/Bloomberg via Getty Images)
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Labrador’s office provided the following statement to Fox News Digital:
“Idaho has the right to set its own public safety and privacy policies. The legislature passed this law, the governor signed it, and our office will defend it. Courts have already upheld Idaho’s authority to maintain gender-specific facilities and we expect the same result here.”
