A federal judge on Monday granted a preliminary injunction blocking enforcement of Idaho’s H.B. 752, halting a law that would have criminalized transgender people for using public restrooms consistent with their gender identity before it was set to take effect July 1. The ruling from the United States District Court for the District of Idaho …

A federal judge on Monday granted a preliminary injunction blocking enforcement of Idaho’s H.B. 752, halting a law that would have criminalized transgender people for using public restrooms consistent with their gender identity before it was set to take effect July 1.
The ruling from the United States District Court for the District of Idaho Judge Amanda Brailsford temporarily bars enforcement of the law while a constitutional challenge brought by six transgender Idaho residents proceeds through the courts.
H.B. 752, signed by Gov. Brad Little earlier this year, prohibits transgender people from using sex-designated restrooms consistent with their gender identity in government-owned buildings and private businesses open to the public — a category that includes libraries, rest stops, malls, gas stations, restaurants, entertainment venues, and hospitals. A first offense would be a misdemeanor carrying up to one year in prison; a second offense would be a felony punishable by up to five years in prison.
The plaintiffs, represented by the ACLU, ACLU of Idaho, Lambda Legal, Munger Tolles & Olson and Alturas Law Group, filed suit in April 2026, arguing the law violates constitutional guarantees of due process, equal protection, and privacy.
Paul Carlos Southwick, Legal Director of the ACLU of Idaho, called the ruling a relief for transgender Idahoans who had faced mounting uncertainty ahead of the law’s effective date.
“This ruling means trans folks in Idaho can continue participating in public life without the threat of being arrested for using the bathroom,” Southwick said. “Trans Idahoans have been understandably anxious about the disruption this unconstitutional law would cause in their daily lives.”
Barbara Schwabauer, senior staff attorney for the ACLU’s LGBTQ & HIV Project, said the injunction was a necessary first step toward permanently defeating the law.
“No one should be forced to choose between the threat of arrest for being themselves in public or the threat of harassment and violence for acting the way the state wants them to be,” Schwabauer said.
Kell Olson, counsel with Lambda Legal, said the court recognized the constitutional problems posed by a law requiring officers to make judgment calls about a person’s sex at birth during enforcement.
“Our Constitution provides critical protections against laws that are unclear, and that call on officers to make arbitrary judgments about how to enforce them, especially when the law threatens imprisonment,” Olson said.
That concern was echoed by law enforcement before the ruling. Both the Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association had opposed H.B. 752, stating there was no “clear or reasonable way” to determine a person’s sex at birth during a field contact without resorting to “invasive and inappropriate” questioning or searches.
Research on public safety has found that restroom access policies inclusive of transgender people have no measurable impact on rates of harassment or violence in public accommodations. By contrast, restrictive policies have been linked to increased risks for transgender people, who are already four times as likely as cisgender people to be victimized by violence.
Monday’s preliminary injunction does not permanently block the law. The legal challenge is ongoing, with advocacy groups indicating they intend to pursue a full ruling striking down H.B. 752.
The court’s full opinion is available at the ACLU’s website.
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