Judge blocks Idaho law that restricts bathroom use for trans people
The legislation established criminal sanctions for those who used facilities considered incompatible with their sex assigned at birth.
A federal judge on Tuesday partially blocked the application of a controversial law in the state of Idaho that restricts transgender people's access to public bathrooms consistent with their gender identity and contemplates criminal sanctions for those who fail to comply with the rule.
The decision was issued by federal judge Amanda Brailsford, who granted a preliminary injunction, considering that there are grounds to conclude that the legislation could be unconstitutional due to its vagueness and the broad discretion it grants to the authorities in charge of applying it.
In her ruling, the judge noted that the law “imposes significant criminal sanctions, but leaves crucial decisions about its application to the discretion of individual agents without clear guidelines,” which could lead to arbitrary and unequal application. The judicial measure partially suspends the entry into force of the rule, scheduled for July 1, while the litigation continues in the federal courts.
The lawsuit was filed by six transgender residents of Idaho, who maintain that the legislation violates rights protected by the U.S. Constitution, including equality before the law and due process guarantees. The order temporarily allows trans people to use individual bathrooms consistent with their gender identity and also shared bathrooms when no reasonable alternatives are available.
It should be remembered that Idaho is known for its strong conservative tendency. In recent decades it has become one of the main drivers of legislation related to issues of gender identity, education and reproductive rights.
With a population close to 2 million, the state has a large Republican majority in both the state Congress and the governor's office. In recent years, Idaho has passed several laws that have been the subject of court challenges by civil rights organizations and the LGBTQ community.
The now partially blocked rule had been described by human rights groups as one of the most restrictive in the country because it was not limited to schools or government buildings, but also applied to numerous private spaces open to the public, including restaurants, shopping malls and offices.
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