State of Idaho Office of the Attorney General

05/21/2026 | Press release | Distributed by Public on 05/21/2026 10:04

AG Labrador Defends Idaho School Bathroom Privacy Law as Challengers Drop Lawsuit

Home Newsroom AG Labrador Defends Idaho School Bathroom Privacy Law as Challengers Drop Lawsuit

BOISE, ID - Attorney General Raúl Labrador announced today that the legal challenge to Idaho's school privacy law has come to an end after the plaintiffs agreed to voluntarily dismiss both their district court case and their Ninth Circuit appeal. The case, Sexuality and Gender Alliance v. Critchfield, targeted Idaho's law protecting sex-specific spaces in K-12 public schools, including locker rooms, showers, restrooms, and overnight accommodations.

In March 2023, the Idaho Legislature passed Senate Bill 1100, requiring students in Idaho public schools to use bathrooms, locker rooms, showers, and overnight facilities corresponding to their biological sex. The law also requires schools to provide single-occupancy accommodations for any student who prefers not to use a multi-occupancy facility. Shortly after passage, a student and the Sexuality and Gender Alliance filed suit, claiming the law violated the Equal Protection Clause, Title IX, and the right to privacy.

In October 2023, U.S. District Judge David Nye denied the plaintiffs' request for a preliminary injunction, agreeing with Attorney General Labrador's arguments that SB 1100 is substantially related to the government's important interest in protecting the privacy and safety of students. The plaintiffs appealed to the Ninth Circuit, which unanimously affirmed the district court in March 2025, finding that protecting students' bodily privacy is a legitimate government interest and that the law violated neither the Equal Protection Clause nor Title IX.

The plaintiffs have now agreed to drop the case entirely.

"From the district court to the Ninth Circuit, we defended Idaho's right to protect students' privacy in bathrooms and locker rooms," said Attorney General Labrador. "Idaho families can be confident that this law is fully in effect and will remain so."

Each side will bear its own costs and fees under the stipulation.

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