Wyoming Gov. Gordon signed HB 72 requiring birth-sex use of public restrooms, prison sleeping quarters, and college facilities

On March 3, 2025, Wyoming Gov. Mark Gordon signed House Bill 72, the "Protecting Privacy in Public Spaces Act" (Enrolled Act No. 48), requiring multi-occupancy restrooms, changing areas, and sleeping quarters in government buildings, state correctional facilities, and public universities to be designated and used according to reproductive sex at birth. The act creates civil causes of action against public entities that permit cross-sex access, with a $5,000 statutory-damages remedy for violations at the University of Wyoming and community colleges. It took effect July 1, 2025.

On March 3, 2025, Wyoming Gov. Mark Gordon signed House Bill 72, the "Protecting Privacy in Public Spaces Act" (Enrolled Act No. 48), which requires multi-occupancy restrooms, changing areas, and sleeping quarters in government buildings and state correctional facilities to be designated for and used exclusively by "male" or "female" as defined by reproductive sex at birth. The act defines "correctional facility" to include state penal institutions and the Wyoming boys' and girls' schools, so sleeping quarters in state prisons must be assigned by birth sex rather than gender identity.

A separate section, codified at W.S. 9-25-103, imposes the same facility-and-housing mandate on the University of Wyoming and the state's community colleges and carries a $5,000 statutory-damages remedy per violation plus actual damages and attorney fees. The law creates civil causes of action against public entities that permit cross-sex access and makes governmental entities liable under a new tort exception (W.S. 1-39-124). The act took effect July 1, 2025.

Equal protection bars the state from assigning access to public facilities on the basis of a protected characteristic. Wyoming enacted a law requiring restrooms, changing areas, and sleeping quarters in government buildings, state prisons, and public universities to be used according to birth sex, and created civil penalties against public entities that permit transgender people to use facilities matching their gender identity. By legislating access to shared public space based on sex assigned at birth, the state restricts transgender residents' access to government, correctional, and educational facilities. Codifying that exclusion and attaching statutory damages to it is discriminatory state action targeting a marginalized community.

  1. HB0072 Enrolled Act No. 48 (2025 General Session) — "Protecting Privacy in Public Spaces Act" full textWyoming Legislature primary accessed July 15, 2026
  2. HB0072 Bill Digest / legislative history (2025)Wyoming Legislature secondary accessed July 15, 2026
  3. Wyoming governor signs anti-transgender bathroom bill allowing for lawsuitsThe Advocate secondary accessed July 15, 2026