On Friday, the Idaho Senate passed the most extreme anti-transgender bathroom ban in the United States: a law that applies to both public buildings and private businesses and carries severe criminal penalties. A first offense would be a misdemeanor punishable by up to one year in jail; a second offense within five years would be a felony carrying up to five years in state prison. But the penalties do not stop there. Under Idaho's persistent violator statute, a transgender person convicted of a fourth bathroom offense—their third felony—could face a mandatory minimum of five years and up to life in prison, immediately making Idaho the harshest state in the nation for criminalizing transgender people. Those who find themselves behind bars may then be subjected to additional brutality at the hands of a prison system that has been systematically denying transgender people their medication and placing trans women in male facilities. The bill passed 28-7, with one Republican voting against it, and it now heads to the Governor’s desk.
The bill, HB 752, states that "any person who knowingly and willfully enters a restroom or changing room in a government-owned building or a place of public accommodation designated for use by the opposite biological sex of such person shall be guilty of a misdemeanor" punishable by up to one year in prison. A second offense within five years would be a felony carrying up to five years in state prison, and under Idaho's persistent violator statute, a fourth offense—the third felony—would carry a mandatory minimum of five years and a maximum of life. Notably, these provisions apply to private businesses, and the bill explicitly allows prior convictions under "a similar statute in another state, or any similar local ordinance" to count toward the escalation threshold—meaning a transgender person previously sanctioned under another state's bathroom ban could face felony charges on their first offense in Idaho.
The bill drew sharp criticism from a diverse range of opponents, unifying voices that typically do not share the same stance. ACLU Idaho focused on the extreme privacy violations and excessive penalties the bill would create, as well as the danger to transgender and cisgender people alike from weaponizing law enforcement against anyone who defies gender expectations. The Idaho Fraternal Order of Police also opposed the bill, with President Bryan Lovell warning that "in many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate." The Idaho Sheriffs' Association joined the opposition as well. Despite pleas from police, Bill sponsor Rep. Cornel Rasor refused to add a duty-to-depart amendment—a provision that exists in Florida's criminal bathroom ban and allows a person to avoid charges by leaving when asked—meaning a transgender person in Idaho could be arrested on the spot simply for being present.
If Governor Brad Little signs the bill into law, Idaho would become the fourth state with a major bathroom ban targeting transgender people through arrest or significant criminal or civil penalties. In Florida, where the offense is a misdemeanor carrying up to 60 days in jail, Marcy Rheintgen was arrested in March 2025 for washing her hands in a women's restroom at the state capitol. In Texas, where the bathroom ban took effect in December, four transgender women were detained at the state capitol and issued criminal trespass warnings banning them from the building for a year. And in Kansas, the state created a bounty hunter system allowing private citizens to sue transgender people encountered in a bathroom for $1,000. Idaho's bill goes further than all of them—the criminal offense is triggered by merely being present in the restroom, it applies to private businesses, and the penalties dwarf those in states that have already earned "do not travel" warnings on the Erin in the Morning trans legal risk assessment map.
