BOISE, Idaho — Six transgender Idahoans have filed a legal challenge to House Bill 752 (HB-752), Idaho's new restroom law, arguing it would criminalize their use of public restrooms and force them to choose between their safety and their daily lives.
RELATED | Governor Brad Little signs 'Bathroom Bill' into law to require separation by biological sex
HB-752 restricts restroom use in government buildings and private businesses open to the public, based on biological sex as defined under the law. It is set to take effect July 1. A first violation can carry up to one year in jail. A second violation can carry up to 5 years in prison.
Paul Carlos Southwick, legal director of the ACLU of Idaho, said the law puts transgender people in an untenable position.
WATCH: Six transgender Idahoans are suing over Idaho’s new restroom law — and one plaintiff says HB 752 is forcing him to leave the state
"HB-752 presents transgender individuals with an impossible choice. Either use a restroom that does not align with your gender identity and risk physical and psychological harm, or continue using a restroom that aligns with your gender identity and risk a criminal record and imprisonment," Southwick said.
Plaintiff Diego Fable says he has used men's restrooms for years without problems. He said the law would fundamentally change his daily life.
RELATED | Bill restricting bathroom use to biological sex passes the Idaho House of Representatives
"If this law were to go into effect in July, every time I leave the house, I would face extremely difficult choices," Fable said.
Fable said using women's restrooms would create its own dangers.
"Since I look like a man, using the women's restroom would only invite suspicion, questions, harassment, and potentially violence," explained Fable.
Fable said the law has already pushed him toward a major decision.
"With this new law, I've decided I have no choice but to relocate to a different state to protect myself," added Fable.
The plaintiffs argue HB-752 violates constitutional rights to due process, equal protection, and privacy. They are asking a federal judge to block the restroom provisions before they take effect.
Gov. Brad Little, speaking in Filer at a Capitol for a Day event, said challenges to state law are handled by the attorney general and the courts.
"I get sued all the time, so I guess I'm casually aware of it," Little said.
The attorney general's office said its only comment is that it is looking forward to defending the law.
This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
