Idaho Code
Idaho Code § 33-6704 (2026)
exemptions.
✓ current as of May 2026
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exemptions.
This chapter shall not apply:
(1) To single-occupancy restrooms and changing facilities or restrooms and changing facilities that are conspicuously designated for unisex or family use;
(2) To restrooms and changing facilities that have been temporarily designated for use by that person’s biological sex;
(3) To a person of one sex who uses a single-sex facility designated for the opposite sex, if such single-sex facility is the only facility reasonably available at the time of the person’s use of the facility;
(4) To a person employed to clean, maintain, or inspect a restroom or single-sex facility;
(5) To a person who enters a restroom or facility to render medical assistance;
(6) To a person who is in need of assistance and, for the purposes of receiving that assistance, is accompanied by a family member, a legal guardian, or the person’s designee who is a member of the designated sex for the single-sex restroom or changing facility;
(7) To coaching staff and personnel during athletic events; or
(8) During an ongoing natural disaster or emergency, or when necessary to prevent a serious threat to good order or student safety.
Notes of Decisions
Cited in 2
cases (2 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). “See Idaho Code Ann. § 33-6704 (1)–(3). The statute does not require or permit Defendants to disclose any information about a student’s transgender status to a third party.”
Roe v. Critchfield (9th Cir. 2025). “See Idaho Code Ann. § 33-6704 (1)–(3). The statute does not require or permit Defendants to disclose any information about a student’s transgender status to a third party.”
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