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Ninth Circuit Court of Appeals temporarily blocks Idaho's controversial 'bathroom bill'

A full trans flag, with creases in it. The trans flag consists of five horizontal stripes from top to bottom: baby blue, baby pink, white, baby pink and baby blue.
Alexander Grey
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Unsplash

The Ninth Circuit Court of Appeals has temporarily blocked an Idaho bill banning transgender students from using restrooms, lockers, showers or other school facilities that align with their gender identity.

The law would require that schools enforce separate bathroom use on the basis of biological sex and allow students to sue schools for $5000 dollars for each violation. The bill was signed into law in March by Governor Brad Little and applies to all K through 12 charter and public schools.

In July, attorneys representing a 7th grade transgender student and Boise High School’s Sexuality and Gender Alliance club filed a lawsuit saying the bill violates students’ constitutional rights and discriminates on the basis of sex.

The law was sponsored by Sen. Ben Adams (R-Nampa) and written in part by the Christian Lobbying group Idaho Family Policy Center.

In August, a federal court temporarily blocked enforcement of the law but on Oct. 12, Idaho’s chief U.S. District judge David Nye lifted the block saying the plaintiffs failed to show their challenge would succeed.

This latest decision by the Ninth Circuit Court Of Appeals blocks the law from going into effect until it can review the plaintiffs’ initial motion for an injunction. In a statement released Thursday, attorneys for the plaintiffs called the ruling “a relief not only for our clients, but transgender students across Idaho.”

I joined Boise State Public Radio in 2022 as the Canyon County reporter through Report for America, to report on the growing Latino community in Idaho. I am very invested in listening to people’s different perspectives and I am very grateful to those who are willing to share their stories with me. It’s a privilege and I do not take it for granted.

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