Why It Matters
Idaho is poised to become one of only a handful of states in the country to impose criminal penalties on transgender people who use public bathrooms that align with their gender identity. House Bill 752, now awaiting a decision from Governor Brad Little, would expand Idaho’s existing transgender bathroom restrictions beyond public schools to include government buildings and private businesses open to the public — marking one of the most expansive and punitive bathroom policies enacted at the state level in the United States.
The legislation carries real legal consequences for transgender residents and visitors, with penalties ranging from misdemeanor charges to felony convictions for repeat offenses. Advocacy groups say the bill could expose transgender Idahoans to criminal prosecution simply for using a restroom in a public space.
What Happened
The Idaho Legislature passed House Bill 752 on a near-party-line vote, sending the measure to Governor Brad Little for final consideration. The bill was approved by the Idaho Senate on Friday, March 27, 2026, with a 28-7 vote.
The legislation would make it a criminal offense to “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex in government-owned buildings and places of public accommodation, which includes private businesses. The bill includes some exceptions, though it would effectively prohibit transgender people from using bathrooms consistent with their gender identity in most public settings across Idaho.
A first offense under the bill would be classified as a misdemeanor, punishable by up to one year in prison. A second offense committed within five years would be elevated to a felony charge, carrying a potential sentence of up to five years in prison.
All six Senate Democrats voted against the measure. One Republican, Senator Jim Guthrie of McCammon, also broke with his party to oppose the bill, calling legislation of this kind “harmful.” Guthrie raised the practical dilemma facing transgender individuals under the law.
“They go in the bathroom they’re supposed to, they upset people. If they go in the one that they now look like, they’re breaking the law, which could include pretty severe penalties,” Guthrie told his fellow senators. “We seem to be really focused on this space and ignoring the fact that there are people that are just like us, human beings, just like us. What are they supposed to do?”
The bill was sponsored by Senator Ben Toews, R-Coeur d’Alene.
By the Numbers
- 28–7: The Idaho Senate vote margin in favor of House Bill 752
- 1 year: Maximum prison sentence for a first-offense misdemeanor under the bill
- 5 years: Maximum prison sentence for a second offense within five years, classified as a felony
- 3 states: The number of states — Utah, Florida, and Kansas — that currently have criminal bans on transgender people using bathrooms aligned with their gender identity, according to the Movement Advancement Project
- 1: Number of Republican senators who voted against the bill
Zoom Out
According to the Movement Advancement Project, an LGBTQ+ advocacy organization, only three states — Utah, Florida, and Kansas — currently have criminal bans specifically targeting transgender bathroom use. If Governor Little signs House Bill 752 into law, Idaho would become the fourth state to impose such penalties and, critics argue, the most aggressive in the scope of its enforcement framework.
Planned Parenthood Alliance Advocates — Idaho described the bill as “the most extreme anti-transgender bathroom ban in the nation,” citing the combination of criminal penalties and broad application across both government and private commercial spaces.
The bill builds on Idaho’s prior legislation restricting transgender students from using bathrooms in public schools that align with their gender identity. Numerous states have moved in recent years to restrict transgender access to bathrooms in school settings, but fewer have extended those restrictions to public-facing commercial and government spaces with attached criminal penalties.
What’s Next
House Bill 752 now moves to Governor Brad Little’s desk for final action. Little must decide whether to sign the bill into law, allow it to take effect without his signature, or issue a veto. If signed, the law would expand Idaho’s transgender bathroom restrictions to their broadest application yet, affecting government buildings and businesses statewide. Legal challenges from civil liberties organizations are widely anticipated if the bill becomes law, given ongoing federal court disputes over similar legislation in other states.