Idaho Senate Passes Bill Criminalizing Mismatched Bathroom Use

The Idaho Senate passed legislation on Friday that would criminalize individuals using public bathrooms, locker rooms, or changing areas that do not align with their biological sex, sending the measure to Governor Brad Little for consideration. House Bill 752, sponsored by Republican Senator Ben Toews of Pocatello, expands on the state's 2023 law restricting transgender students' access to school facilities by applying penalties to all government buildings and places of public accommodation, including privately owned businesses such as restaurants and stores.

If signed into law, the bill would make it a misdemeanor for a first offense, punishable by up to one year in jail, and a felony for a second offense within five years, carrying a maximum sentence of five years in prison. The measure targets those who "knowingly or willfully" enter facilities designated for the opposite biological sex, with exceptions for emergency responders, custodians performing duties, individuals assisting children, or those in dire need when no other option is available.

Toews described the bill during Senate debate as a response to safety concerns in private spaces. "Private spaces such as restrooms,...