Federal Court Upholds Idaho’s Grade-School Bathroom Privacy Law

Court sides with state, allowing enforcement of law requiring students to use facilities aligning with their biological sex.

A federal court has greenlighted Idaho’s grade-school bathroom privacy law, allowing the state to enforce its mandate that students use restrooms and other private facilities corresponding to their biological sex. The decision from the U.S. District Court for the District of Idaho comes after the U.S. Court of Appeals for the 9th Circuit previously denied a broader challenge to the state’s privacy laws.

The ruling in Sexuality and Gender Alliance v. Critchfield was hailed by state officials and legal groups as a victory for student safety and privacy.

Idaho Attorney General Raúl Labrador attributed the decision to a reflection of “biological reality” and a win for “commonsense and the dignity of women and girls.” He stated, “We applaud the court’s decision to allow our state to continue its job of preserving each student’s privacy, dignity, and safety and providing a quality education for Idaho’s children.”

The court’s opinion, which was cited in the press release, explicitly backed the state’s position. It noted that the separation of restrooms by biological sex has been “common for centuries” and is supported by “biological differences between men and women.” The court concluded that the law, S.B. 1100, is “related to that interest” of privacy.

Alliance Defending Freedom (ADF) Senior Counsel Jonathan Scruggs, whose organization is assisting the state in its defense of the law, echoed this sentiment.

He emphasized that “girls deserve safety and dignity in private spaces” and expressed hope that the decision marks a step toward a “commonsense understanding of the differences between boys and girls.” The court’s decision allows enforcement of the law as the case proceeds.

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