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On June 16, 2026, a federal judge blocked Idaho from enforcing part of a new law that would have criminalized transgender people for using many restrooms that match their gender identity. Good. The law should not merely be paused. It should be understood for what it is: cruel, ridiculous, practically unworkable, and very likely unconstitutional.

Let us be very clear about the stakes here. Idaho was not proposing a minor administrative rule about signage. It was not creating a thoughtful privacy policy for complex public spaces. It was threatening people with criminal punishment for needing to pee.

According to reporting on the injunction, Idaho’s House Bill 752 would have made a first violation punishable by up to a year in jail, with repeat violations carrying the possibility of a felony and up to five years in prison. The law applied not only to government buildings, but also to places of public accommodation, including private businesses. That is an astonishing amount of state violence to attach to ordinary human biology.

And this is where the supposed argument about safety starts to fall apart. If someone assaults another person, exposes themselves, harasses someone, records someone, trespasses, or commits voyeurism, those things are already covered by existing law. We do not need a special anti-trans bathroom law to punish assault, harassment, rape, indecent exposure, or voyeurism. Those are already crimes. The actual effect of this law was not to close a legal gap. It was to create a new target.

A Law Built for Suspicion

Judge Amanda K. Brailsford blocked the challenged restroom provisions through a preliminary injunction because the plaintiffs were likely to succeed on their claim that the law is unconstitutionally vague. That matters. The court did not even need to reach the equal protection and privacy arguments to see the problem. The statute itself left too much to the unguided judgment of individual officers.

That is not a technicality. Vagueness is a serious constitutional problem, especially when criminal penalties are involved. If a law can send someone to jail, people need to know what it prohibits, and enforcement officers need clear standards. Idaho’s law did the opposite. It invited police, business owners, and strangers to make snap judgments about who “belongs” in a restroom.

Think about what that means in practice. Who gets questioned? Who gets stared at? Who gets followed? Who gets reported because someone thinks their face, voice, clothing, haircut, height, shoulders, beard, body shape, or posture does not match a stranger’s expectation of womanhood or manhood?

This is not safety. This is state-sponsored suspicion.

It also does not only harm transgender people, although they are plainly the intended target. Gender-nonconforming cisgender people are harmed too. Butch women are harmed. Feminine men are harmed. Intersex people are harmed. Anyone whose body or presentation does not satisfy someone else’s narrow imagination of sex becomes more vulnerable to public challenge. The law encourages strangers to police each other’s bodies in one of the most mundane and vulnerable places we all use.

The Absurdity Is the Point

One of the most revealing parts of the case is the state’s apparent suggestion that biological sex could be determined later through things like birth certificates or DNA testing. Pause on that for a second. The state created a law that, in real life, would require moment-to-moment decisions at restroom doors, then tried to defend it by pointing to evidence that could only be gathered later.

What exactly is supposed to happen in the meantime? Does a police officer stand outside a restaurant bathroom and decide whether someone’s emergency is “dire” enough? Does a business owner become a gender investigator? Does someone have to carry papers to use a toilet? Does the state imagine DNA testing as a reasonable backstop for restroom access?

That is the level of absurdity we are dealing with. It would be funny if it were not so dangerous.

Consent culture is not only about sex. It is also about bodily autonomy, privacy, dignity, boundaries, and the right to move through the world without being forced to justify your body to people who have no right to interrogate it. A restroom is not an ideological battleground. It is a place people go because bodies have needs.

When the state turns that need into a criminal risk, it is not protecting dignity. It is attacking it.

Public Safety Should Not Be a Costume for Control

I care deeply about safety. I care about women and children being safe in public spaces. I care about survivors being able to use restrooms without fear. I care about bodily privacy, especially in vulnerable settings. None of that requires criminalizing transgender people.

In fact, laws like this can make people less safe. A transgender man with a beard being forced into a women’s restroom does not create clarity. A transgender woman being forced into a men’s restroom does not create dignity. A law that makes people avoid public life, skip drinking water, hold their bladder, leave events early, or stay home altogether is not a public safety measure. It is social exclusion.

The Associated Press previously reported that the Idaho plaintiffs described exactly those risks: isolation, harassment, assault, and the practical impossibility of moving through public life when a basic bodily function becomes legally dangerous. That is not hypothetical harm. That is the predictable outcome of a law designed around humiliation.

And here is the thing: if a person goes into a restroom to hurt someone, prosecute the harm. If someone records another person, prosecute the recording. If someone assaults someone, prosecute the assault. If someone harasses someone, deal with the harassment. But do not use those fears as a pretext to criminalize an entire class of people who are simply trying to exist.

The Constitution Is Not Optional When the Target Is Unpopular

The most chilling part of laws like this is how casually they treat constitutional limits when the people affected are politically convenient targets. Idaho’s legislature did not merely express a view about sex and gender. It attached criminal penalties to an ordinary act, wrote vague exceptions like “dire need” and “reasonably available,” and left enforcement to subjective judgments.

That is exactly the kind of legal fog that due process is meant to prevent. A person should not need to guess whether a police officer will decide their body, their emergency, or their available restroom options satisfy the law. A criminal statute cannot be a vibes-based permission slip for arbitrary enforcement.

This also sits inside a broader pattern. Across the United States, transgender people have been made into test cases for how far government can go in restricting bodily autonomy, medical care, school participation, public space, identity documents, and now the ability to use a restroom. The political strategy is obvious: make a small group sound frightening, pass laws that isolate them, then call the cruelty “common sense.”

It is not common sense. It is scapegoating.

And for those of us who care about consent, community safety, and ethical power, this matters beyond Idaho. A culture of consent cannot coexist with a politics that says some people must surrender privacy, dignity, and public participation because others have been taught to fear them. Consent requires boundaries, but boundaries are not the same as exclusion. Safety requires accountability, but accountability is not the same as criminalizing identity.

This Injunction Is a Reprieve, Not a Solution

The injunction is important. It gives transgender Idahoans some breathing room while the case continues. It also sends a clear message that the state cannot simply write a vague criminal law, aim it at a marginalized group, and expect courts to look away.

But a pause is not enough. The law should be struck down, and lawmakers who supported it should be pressed to explain why existing criminal laws were not enough. They should have to explain why they were willing to risk humiliating, outing, harassing, and criminalizing people for using a restroom. They should have to explain why five years in prison was ever an acceptable threat for something this basic.

Because that is what makes this law so grotesque. It takes one of the most ordinary acts of human life and turns it into a site of punishment. It teaches the public to look at transgender people not as neighbors, coworkers, students, parents, partners, and friends, but as problems to be monitored.

That is not privacy. That is not safety. That is not constitutional governance. It is cruelty with a badge and a bathroom sign.

Idaho’s law deserved to be blocked. It deserves to be defeated. And every state watching this case should understand the lesson: you do not protect people by giving the government more power to police bodies. You protect people by taking actual harm seriously, respecting privacy, and refusing to turn fear into law.

Sources: The New York Times report provided in the prompt; Them/The Advocate on the June 16 injunction; Associated Press on the Idaho lawsuit and HB 752.

About the Author: Gareth Redfern-Shaw

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Gareth is the founder of Consent Culture, a platform focused on consent, kink, ethical non-monogamy, relationship dynamics, and the work of creating safer spaces. His work emphasizes meaningful, judgment-free conversations around communication, harm reduction, and accountability in practice, not just in name. Through Consent Culture, he aims to inspire curiosity, build trust, and support a safer, more connected world. Read Why I created Consent Culture if you want to learn more about Gareth, and his past.

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