Idaho cannot immediately enforce its new law that criminalizes using restrooms not matching a person’s sex at birth. A federal judge ruled on Tuesday to provide temporary relief for transgender individuals in Idaho who faced potential prison sentences for using restrooms aligning with their gender identity. The law, considered the most restrictive on this issue in the United States, was set to take effect on July 1.
Six transgender residents of Idaho filed the lawsuit, claiming the law violated their constitutional rights. They argued it infringed on their rights to equal protection and privacy. However, Judge Amanda K. Brailsford of the U.S. District Court for the District of Idaho focused on another aspect. She noted that the plaintiffs were likely to succeed on their claim that the law is unconstitutionally vague.
In her ruling to grant a preliminary injunction, Judge Brailsford indicated that the statute is probably unconstitutional. It requires police officers to make subjective judgments, such as determining someone’s biological sex. The judge highlighted that the law imposes criminal penalties, including potential felony charges for repeated offenses, but leaves enforcement to the discretion of individual officers.
The decision temporarily halts enforcement of part of the Idaho law as the legal proceedings continue. This ruling permits transgender individuals to use single-stall restrooms that match their gender identity. They may also use multi-user restrooms when single-user options are unavailable or currently occupied on the same floor. The plaintiffs have not challenged the part of the law that pertains to locker rooms and showers.
Judge Brailsford, appointed by former President Joseph R. Biden Jr., emphasized the flaws in the law’s implementation. By blocking key provisions, the decision ensures that the rights of transgender individuals in Idaho are protected pending further legal proceedings.

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