Idaho Code
Idaho Code § 33-6701 (2026)
legislative findings.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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legislative findings.
The legislature finds that:
(1) There are real and inherent physical differences between men and women;
(2) Every person has a natural right to privacy and safety in restrooms and changing facilities where such person might be in a partial or full state of undress in the presence of others;
(3) This natural right especially applies to students using public school restrooms and changing facilities where student privacy and safety is essential to providing a safe learning environment for all students;
(4) Requiring students to share restrooms and changing facilities with members of the opposite biological sex generates potential embarrassment, shame, and psychological injury to students, as well as increasing the likelihood of sexual assault, molestation, rape, voyeurism, and exhibitionism;
(5) Providing separate public school restrooms and changing facilities for the different biological sexes is a long-standing and widespread practice protected by federal law, state law, and case law;
(6) Federal legislative action, federal executive action, and federal court judgments that prevent public schools from maintaining separate restrooms and changing facilities for different biological sexes are inconsistent with the United States constitution and violate the privacy and safety rights of students; and
(7) A statewide policy ensuring separate school restrooms and changing facilities on the basis of biological sex is substantially related to the important governmental interest in protecting the privacy and safety of all students.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2025–2025 · leading case: Roe v. Critchfield, 137 F.4th 912 (9th Cir. 2025).
Roe v. Critchfield, 137 F.4th 912 (9th Cir. 2025). “We have recognized that a person’s “sex” is typically identified at birth based on an infant’s external overnight lodging during school-authorized activities. See id. § 33-6703(4).”
Roe v. Critchfield, No. 23-2807, 2025 WL 1486985 (9th Cir. May 23, 2025). “We have recognized that a person’s “sex” is typically identified at birth based on an infant’s external genitalia, though external genitalia “do not always align with other sex- related characteristics, which include internal reproductive organs, gender identity, chromosomes,…”
Roe v. Critchfield, No. 1:23-cv-00315 (D. Idaho Aug. 7, 2025). “” Idaho Code § 33-6701 (4). Defendants argue they have a strong interest in safety.”
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