A federal judge ruled on Tuesday to temporarily halt an Idaho law that would restrict bathroom access for transgender people, ruling that major parts of the law are likely unconstitutional.
In a 30-page decision, Biden-appointed U.S. District Judge Amanda K. Brailsford issued a preliminary injunction preventing House Bill 752 from taking effect while legal challenges proceed. The ruling also granted provisional class-action status to transgender residents across the state, extending the court’s protections beyond the original plaintiffs.
“Another issue of enforceability is a law enforcement officer’s ability to determine an individual’s ‘biological sex,’” Judge Brailsford wrote.
This ruling is a major blow to the Idaho lawmakers and advocates who backed the bill, who insisted the restrictions were a common-sense way to protect privacy and safety in public restrooms.
But the court flagged some serious flaws in the bill as Judge Brailsford pointed out that the law is incredibly vague, warning that a lack of clear rules could easily open the door to unfair or discriminatory enforcement. The lawsuit was brought by several transgender Idaho residents with legal representation from the American Civil Liberties Union, ACLU of Idaho, and Lambda Legal.
ACLU praised the decision with Paul Carlos Southwick, the legal director at the American Civil Liberties Union of Idaho, saying that the decision would allow transgender Idahoans to continue participating in public life without fear of arrest.
“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 in a news release. “Trans Idahoans have been understandably anxious about the disruption this unconstitutional law would cause in their daily lives. This ruling will relieve that anxiety for our trans friends and neighbors.”
Lambda Legal attorney Kell Olson said constitutional protections require laws to be clearly defined, especially when criminal penalties are involved.
“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. “The court recognized that threat in providing relief to plaintiffs today. This ruling will allow transgender people throughout Idaho to find and use a public restroom, without the fear of arrest looming over them, while we continue the longer fight to permanently defeat this discriminatory law in court.”
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