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There is a new challenge to an Idaho law that keeps transgender individuals from going into women’s restrooms.
Idaho H.B. 264, introduced as a way to protect the “privacy of women” in bathrooms and dormitories, is being taken on by two transgender plaintiffs who claim the law will subject them to further harassment.
Atlas Jones and Sophie Smith (a pseudonym) say they’ve had no issues using the restrooms of the genders they identify with at Boise State University and the University of Idaho, but now they are filing a complaint over fears the law will cause “irreparable harm” and may subject them to harassment from their peers.
I WON’T STAY SILENT ABOUT THE SCARS FROM MY TRANSGENDER EXPERIENCE
More than 300 people gather in front of the Idaho Capitol to oppose anti-transgender legislation moving through the Legislature in February 2023 in Boise. A federal judge on Thursday paused a new law that restricts which bathrooms transgender students can use in Idaho schools. (Getty Images)
“Atlas lives as a man in his daily life, and he has received medical treatment to bring his appearance in line with his identity, including hormone therapy that masculinized his body and deepened the sound of his voice,” the complaint explains. “Consistent with longstanding practices at BSU that permit him to do so, Atlas has, for his entire time at BSU, used men’s restrooms without any issue. While using men’s restrooms, Atlas has never experienced any criticism, harassment, or any other problem from another person.”
The complaint alleges that if Atlas were to use the women’s bathrooms, “he would be at risk of harassment and violence” because onlookers would think a man was using the women’s bathroom.
“Using restrooms that do not align with their gender identity would put plaintiffs at risk of being exposed to their peers as transgender,” the claim states. “Neither Atlas nor Sophie is ‘out’ as transgender to most people on campus, because they do not want to face unequal treatment and because it is generally irrelevant.”
Other concerns outlined in the complaint include the limited use of single bathrooms and the stigma surrounding using them, along with “avoiding the use of restrooms on campus altogether,” which could endanger one’s health.
“Idaho has no justification in barring Plaintiffs from using restrooms that align with their gender identity,” the case states. “During their time at their respective institutions, neither BSU nor U of I has had any categorical ban preventing transgender people like Plaintiffs from using restrooms that align with their gender identity. BSU and U of I’s practice of allowing individuals on campus like Plaintiffs to use bathrooms aligning with their identities has not caused any harm, and it has allowed transgender people like Plaintiffs to complete their education and contribute to the campus community without discrimination, harassment, or opprobrium.”
The passage of the bill has garnered public support from various political leaders.
“Women and girls should not be forced to sacrifice their privacy and safety to activists pushing gender ideology,” Alliance Defending Freedom Legal Counsel Sara Beth Nolan said of the bill. “Allowing men to invade girls’ spaces—including locker rooms, sleeping areas, or restrooms—compromises their dignity. H.B. 264 ensures that girls’ spaces in public higher educational institutions, domestic violence shelters, and correctional facilities are not open to men, and it prioritizes privacy and safety for every Idahoan woman.”
State Rep. Barbara Ehardt, who sponsored the bill, fired back at the lawsuit over social media.
“They forgot that the Ninth Circuit just upheld SB1100 from 2023, which prevents boys & men from entering bathrooms & locker rooms in K-12. This legislation is EXACTLY LIKE THAT, just for higher ed!” she said.
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WASHINGTON, DC – FEBRUARY 05: U.S. President Donald Trump signs the “No Men in Women’s Sports” executive order in the East Room at the White House on February 5, 2025, in Washington, DC. (Photo by Andrew Harnik/Getty Images) ( Andrew Harnik/Getty Images)
President Donald Trump has been outspoken on the issue of transgender individuals in women’s spaces and women’s sports.
“Across the country, ideologues who deny the biological reality of sex have increasingly used legal and other socially coercive means to permit men to self-identify as women and gain access to intimate single-sex spaces and activities designed for women, from women’s domestic abuse shelters to women’s workplace showers. This is wrong,” his presidential action states.
Fox News Digital reached out to Alturas Law Group, of Hailey, Idaho, who did not respond for comment.
