BUZZ
The new law, which passed in April, also applies to bathrooms, women’s shelters
An Idaho law that keeps men out of women’s dormitories and restrooms on public college campuses is being challenged in court.
Two students who identify as transgender, one at Boise State University and the other at the University of Idaho, filed a lawsuit Friday asking a federal judge to block House Bill 264, the Idaho Capital Sun reports.
The law, which passed in April, prohibits individuals of the opposite sex from entering a bathroom, changing room, or sleeping quarters that is specifically designated for men or women. It applies to public higher education institutions, as well as abuse shelters, juvenile correctional centers, and correctional facilities.
One of the plaintiffs, Sophie Smith is a male who identifies as female and “frequently uses the women’s restrooms at U of I without incident,” according to the lawsuit. Smith’s name is a pseudonym.
Smith, who is referred to as “she” in the case, “does so with the permission of administrators, to whom she previously came out as transgender,” the complaint states.
The second plaintiff is a female who identifies as male, and is not “out as transgender to most people on campus,” the lawsuit states.
According to the Capital Sun:
They say the two campuses have only a small number of restrooms that are open to all users, regardless of sex. They say they have used restrooms aligned to their gender identity, for years, and without incident. If they are forced to use restrooms consistent with their sex assigned at birth, the plaintiffs say they would be outed as transgender in their campus communities.
“HB 264, if it remains in effect at the beginning of the 2025-2026 school year, will prohibit BSU and U of I from allowing plaintiffs to continue using restrooms that align with their gender identities and how they are perceived on campus,” the lawsuit says. …
The lawsuit claims HB 264 violates the plaintiffs’ rights to equal protection and privacy under the 14th Amendment; violates federal workplace protections; and violates Title IX, which forbids discrimination in schools on the basis of sex.
The lawsuit seeks a temporary restraining order by Aug. 25, the first day of classes at Boise State and the U of I.
State Rep. Barbara Ehardt, a former college basketball coach and lead sponsor of the law, said she does not think the lawsuit will succeed.
“But they forgot that the Ninth Circuit just upheld SB1100 from 2023, which prevents boys & men from entering bathrooms & locker rooms in K-12. This legislation is EXACTLY LIKE THAT, just for higher ed!” Ehardt wrote Sunday on Facebook.
In recent months, a number of universities have stopped allowing male students to compete in women’s sports, most notably the University of Pennsylvania.
A lot is due to pressure from the Trump administration to end policies allowing transgender athletes to compete based on their “gender identity,” rather than their biological sex.
MORE: UPenn faculty unhappy with agreement to ban men from women’s sports
IMAGE CAPTION AND CREDIT: A male and female use the same restroom; SanchaiRat/Shutterstock
