Idaho lawmakers are considering a controversial bill that would make it a crime for transgender people to use bathrooms that match their gender identity, including in privately owned businesses. The legislation would cover any “place of public accommodation,” meaning any business or facility serving the public. If passed, a first offense could carry a year in jail, while a second offense could result in up to five years in prison, exceeding penalties for a first drunken driving conviction in the state. Republican lawmakers, including Sen. Ben Toews, defended the bill as protecting safety and privacy in sex-separated spaces, while carving out exceptions for emergencies, custodial assistance, and other narrowly defined circumstances.
The proposal has drawn strong opposition from law enforcement groups, LGBTQ+ advocates, and transgender residents, who warn that the bill could lead to profiling, harassment, and criminalizing mere presence rather than harmful conduct. Critics also say it could make it difficult for transgender people to work or access public spaces safely. Supporters insist the measure is about privacy and protecting women and children from harassment. The legislation is part of broader nationwide efforts restricting transgender participation in sports and access to gender-affirming care, aligning with policy priorities promoted by President Donald Trump. Lawmakers in Idaho’s Republican supermajority Senate are expected to vote on the bill this week.
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