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A federal judge issued a preliminary injunction Tuesday preventing enforcement of criminal penalties against transgender people using Idaho public restrooms matching their gender identities. The order leaves other parts of the March law intact while the case proceeds.
news18.comA federal judge ruled Tuesday that transgender people in Idaho will not face criminal charges for using public restrooms matching their gender identities. The preliminary injunction halts enforcement of key sections of a law passed in March and scheduled to take effect July 1.
The measure applies to restrooms open to the public, including those in privately owned buildings. It carries penalties of up to one year in jail for a first offense and up to five years in prison for a second offense. Exceptions allow use of a single-use facility designated for the opposite sex when it is the only reasonably available option or when a person is in dire need.
At least 19 states have enacted limits on restroom use by transgender people, primarily in schools and government buildings. The Idaho statute extends those restrictions to private facilities open to the public and adds criminal sanctions. Police officials had raised questions about how officers would determine whether someone met the “dire need” exception.
Six transgender residents filed suit, arguing the law is unconstitutionally vague. The judge agreed in part, barring enforcement against individuals using single-stall restrooms or when no single-user facility is available and unoccupied on the same floor.
They noted that the law can still apply to changing rooms and certain restrooms, and that it covers people who are not transgender. Officials described the decision as results-driven and said biological sex is not vague.
““No one should be forced to choose between the threat of arrest for being themselves in public or the threat of harassment and violence for acting the way the state wants them to be.””
The injunction leaves the underlying statute in place while litigation continues. Both sides indicated they will pursue further court action before the July 1 effective date.
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