This past week, a federal judge affirmed Idaho’s rule governing school restrooms, which mandates that kids use the restroom designated for their biological gender.
A request to stop the law from being implemented while a case plays out was turned down by Chief United States District Judge David Nye.
The Idaho legislation forbids transgender children from using the restroom of the opposite gender and mandates that public schools maintain separate restrooms and changing spaces for biological males and girls. Additionally, if children witness another student using a restroom that does not correspond with their biological sex, they have the legal right to sue their school.
“While it may not be comforting to Idaho’s transgender students who might be forced to alter their routines or face additional issues because of the court’s ruling today,” Nye wrote in his view that “the court should stick to its job of interpreting the law and not making policy.”
While the law was supposed to start on July 1, it was temporarily stopped in August when a judge gave an order against it. The law will start taking effect again at the beginning of next month.
A national LBGT rights group called Lambda Legal sued the law on behalf of a transgender student in Idaho, saying that the law discriminates against transgender students in a way that is contrary to the Constitution.
State prosecutors requested that the case be dropped in a “perfunctory way, with minimal explanation,” according to the court, who also rejected the state’s plea to have the case thrown out.
In a statement, Idaho AG Raúl Labrador said that this week’s decision was a big win for the state.
“Since the beginning of time, society has kept these private areas separate,” Labrador said. “It is especially important that the privacy and safety needs of minor pupils are protected.”
Transgender students using the bathroom and dressing rooms has become a big problem in school districts across the country. Many parents are worried about their kids sharing these areas with transgender students.