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Idaho law bans transgender students from using bathrooms inconsistent with biological sex

Under the new law, students who encounter a person of the opposite sex in the restroom or changing facility may take private legal action against the school.

Published: March 26, 2023 10:16am

Updated: March 26, 2023 10:18am

Idaho Republican Gov. Brad Little signed legislation prohibiting transgender students from using public school bathrooms and changing facilities that do not align with their biological sex.

The law, which takes effect July 1, does not apply to single-occupancy restrooms and changing facilities and even requires schools to make a "reasonable accommodation" for students who are "unwilling or unable to use a multi-occupancy restroom or changing facility" that aligns with their biological sex.

The law states that requiring "students to share restrooms and changing facilities with members of the opposite biological sex generates potential embarrassment, shame, and psychological injury to students, as well as increasing the likelihood of sexual assault, molestation, rape, voyeurism, and exhibitionism."

Under the new law, students who encounter a person of the opposite sex in the restroom or changing facility may take private legal action against the school if the school gave that person permission to use the facilities of the opposite sex or if the school failed to take reasonable steps to stop that person from using those facilities.

Little has not made a public statement on the legislation, which he signed into law Thursday. Similar bills were signed into law in Arkansas and Iowa this week, while at least three other states have enacted similar legislation since 2021, The Hill reported

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