Idaho House lawmakers want to force private businesses and government offices to ban transgender people from using the restroom aligned with their gender identity.
If these businesses or governments don’t take “reasonable steps” to segregate restrooms based on biological sex, they could be sued in civil court for uncapped damages under House Bill 607.
Government entities that violate the measure would face a mandatory $10,000 fine as well.
The bill states: “Requiring individuals to share restrooms and changing facilities with members of the other sex infringes on their interest in privacy and generates potential embarrassment, shame, and psychological injury to those individuals.”
“It allows at least some modicum of security and dignity to make sure this doesn’t happen where individuals don’t wander in,” said Rep. Ted Hill (R-Eagle), who sponsors the bill.
For Rep. Clint Hostetler (R-Twin Falls), this bill takes a philosophical stand in the right direction.
“We’re not out to target businesses. We’re out to set a message that Idaho will do what it takes to protect our children and our ladies,” Hostetler said.
Legislators have passed similar laws that apply to domestic violence shelters, prisons, universities and K-12 schools.
Four Republicans voted against the measure, along with all nine Democrats.
They said the bill exposes private businesses to expensive legal threats, or could cost them a lot of money to enforce it.
“The true cost is in protecting yourself against lawsuits,” said Rep. Monica Church (D-Boise).
Hiring extra staff to monitor bathrooms or installing surveillance equipment isn’t cheap, they said.
“Do we now have to have our ID card and then if it shows it’s a certain sex we can go to the bathroom? Or are we going to have to have cameras outside bathrooms,” asked Rep. Stephanie Mickelsen (R-Idaho Falls).
House Democratic Leader Ilana Rubel (D-Boise) said the proposal could have the opposite effect. Her gym has communal showers that transgender men would have to use.
“I, as a female, can assure you that I would not feel more comfortable showering with a person with a beard and male genitalia in the shower with me. That is what you are mandating under this bill,” Rubel said.
The bill now goes to a Senate committee for consideration.
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