The Standing Record

A daily, non-partisan record of US democratic norms — and the events that erode them.

Idaho Gov. Little signed HB 752, nation's strictest criminal transgender bathroom ban

On March 30, 2026, Idaho Governor Brad Little signed House Bill 752, making Idaho the first state with a criminal bathroom ban extending to private businesses and imposing the steepest penalties nationally. The law makes it a misdemeanor (up to one year in prison) and repeat felony (up to five years) to use bathrooms not matching one's "biological sex" in any government or private facility open to the public. On June 16, 2026, a federal judge issued a preliminary injunction blocking enforcement, finding the law likely unconstitutional due to vagueness.

Jurisdiction
state
Location
Idaho

Abuses documented

Actors

  • Brad Little (Governor of Idaho)
  • Idaho Legislature

Governor Brad Little signed House Bill 752 on March 30, 2026, making Idaho the only state with a criminal bathroom access ban extending to private businesses. The law imposes uniquely severe penalties: a first offense is a misdemeanor punishable by up to one year in prison, and any subsequent offense is a felony carrying up to five years. It criminalizes transgender people from accessing bathrooms in any government facility or private business open to the public.

On June 16, 2026, U.S. District Judge Amanda Brailsford issued a partial preliminary injunction blocking the law's enforcement before it could take effect. Brailsford found the law "invites arbitrary and discriminatory enforcement" due to constitutional vagueness and the lack of a clear definition of "biological sex." She granted class certification protecting all transgender Idahoans. Attorney General Raúl Labrador announced plans to appeal the injunction.

HB 752 follows a national pattern of targeting transgender people through law. Idaho's law stands out for its breadth (covering private businesses, not just government facilities), its severity (criminal penalties with felony escalation), and its scope (routine access, not just sports or healthcare).

Why we recorded this

Idaho HB 752 criminalizes fundamental access to public spaces for transgender people with penalties uniquely severe nationally. Federal courts found it constitutionally vague and inviting arbitrary enforcement. This marks erosion of anti-discrimination norms and equal protection in state law.

Sources

  1. Idaho governor signs bill to criminalize trans people using bathrooms that align with their identity — Idaho Capital Sun primary accessed June 21, 2026
  2. 2026 - HB 752 - Criminalizing Bathroom Use for Trans People — ACLU of Idaho primary accessed June 21, 2026

See also