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Idaho Gov. Little signed HB 264, restricting prison, shelter, and public-college facilities to one biological sex to bar transgender people

Idaho Gov. Brad Little signed House Bill 264 on April 1, 2025, requiring correctional facilities, juvenile correctional centers, domestic-violence shelters, and state public colleges and universities to designate multi-occupancy restrooms, changing rooms, and sleeping quarters for the exclusive use of one biological sex, defined by statute rather than gender identity. The law creates a private civil cause of action — declaratory and injunctive relief plus attorney fees — for anyone who encounters a person of the opposite biological sex in a designated facility, and its framework functionally requires housing transgender inmates by birth sex. It took effect as Session Law Chapter 251 on July 1, 2025.

Jurisdiction
Idaho
Location
Boise, Idaho

Abuses documented

Actors

On April 1, 2025, Idaho Governor Brad Little signed House Bill 264, which requires a set of "covered entities" — correctional facilities, juvenile correctional centers, domestic-violence shelters, and state public colleges, universities, and community colleges — to designate multi-occupancy restrooms, changing rooms, and sleeping quarters for the exclusive use of one biological sex. The bill defines biological sex by reference to Idaho Code section 73-114 rather than gender identity. It was delivered to the Governor on April 1 and signed the same day, taking effect as Session Law Chapter 251 on July 1, 2025.

The law creates a private civil cause of action allowing a person who encounters an individual of the opposite biological sex in a designated multi-occupancy facility to sue for declaratory and injunctive relief plus attorney fees, subject to a two-year limitations period. In the correctional context, the facility-designation framework functionally requires that transgender inmates be housed according to their birth sex. Across prisons, shelters, and public campuses, the effect is to bar transgender people from communal facilities that match their gender identity.

House Bill 264 was one of several measures advanced in Idaho's 2025 legislative session that restricted the rights of transgender residents. Distinct from Idaho's 2026 criminal bathroom-ban legislation, House Bill 264 is a 2025 civil-remedy statute that reaches correctional facilities, shelters, and higher-education institutions through its private right of action rather than through criminal penalties.

Updates

2025-08-01 — Lambda Legal filed a federal suit challenging the campus restroom provisions [4, 5]

Lambda Legal, joined by Munger Tolles & Olson LLP and Alturas Law Group, PLLC, filed a federal lawsuit on behalf of two transgender clients seeking to block House Bill 264's restrictions on the use of university restrooms consistent with gender identity. The suit sought immediate relief to prevent the law from barring transgender people from campus restrooms used by their peers, and characterized the measure as an unconstitutional targeting of transgender college students and workers.

2025-08-25 — Federal judge denied a preliminary injunction, leaving the university restroom law in effect [6, 7]

U.S. District Judge David Nye denied the plaintiffs' motion for a preliminary injunction in Jones v. Critchfield, finding they had not shown their claims were likely to succeed and citing the state's "substantial interest in protecting students' right to privacy." The ruling left House Bill 264's university restroom provisions in effect while the underlying lawsuit continues. Idaho Attorney General Raúl Labrador said the decision "ensures that Idaho's common-sense law stays in effect while the lawsuit proceeds."

Why we recorded this

Civil rights protect transgender people from being singled out for exclusion by the state. Idaho enacted House Bill 264, requiring correctional facilities, juvenile centers, domestic-violence shelters, and public colleges and universities to designate multi-occupancy restrooms, changing rooms, and sleeping quarters for one biological sex as defined by statute rather than gender identity, and creating a private lawsuit for anyone who encounters a transgender person in such a facility. The law bars transgender people from communal facilities matching their gender identity across prisons, shelters, and campuses and functionally requires housing transgender inmates by birth sex, which is why this belongs in the archive.

Sources

  1. House Bill 264 (2025) — status and legislative history — Idaho State Legislature primary accessed July 11, 2026
  2. House Bill 264 — enrolled bill text — Idaho State Legislature primary accessed July 11, 2026
  3. These anti-LGBTQ+ bills were introduced in 2025 Idaho legislative session. Where does each stand? — Idaho Capital Sun secondary accessed July 11, 2026
  4. Lawsuit Seeks to Block Discriminatory Restroom Ban in Idaho Universities — Lambda Legal primary accessed July 11, 2026
  5. Lawsuit challenges Idaho restrictions on single-sex campus restrooms — Idaho Education News investigative accessed July 11, 2026
  6. Attorney General Labrador Wins Preliminary Injunction Ruling, Idaho University Restroom Privacy Law Remains in Effect — Idaho Office of Attorney General primary accessed July 12, 2026
  7. Idaho's university restroom privacy law stands after district judge ruling — Idaho News 6 (KIVI) investigative accessed July 12, 2026

See also