A federal judge has decided to uphold an Idaho state law requiring students to use restrooms corresponding to their biological sex, rather than their gender identity, in public schools.
Last Thursday, U.S. District Judge David Nye denied a request for a preliminary injunction on the state law, which would have halted its enforcement until a current lawsuit against the state is resolved. This law mandates that public schools maintain separate facilities for male and female students, such as restrooms, locker rooms, and showers. Students must use facilities that align with their biological sex rather than their so-called “gender identity.”
In his ruling, Judge Nye stated that state attorneys requested a dismissal “perfunctory manner, with little explanation.” He also emphasized that the court’s role is not to create policy but to interpret the law.
“Although it likely comes as little solace to Idaho’s transgender students who, as a result of the court’s decision today, may have to change their routines, or who, regrettably, may face other societal hardships, the court must stay within its lane, Its duty is to interpret the law; it is not a policy-making body,” Nye wrote in his opinion.
Opponents of the law, however, argue that it is “exclusionary” and puts trans-identifying students at risk. Peter Renn, one of the attorneys in the lawsuit against Idaho’s new law, calls the new school policy “discriminatory” and argues it violates the “equal dignity” of trans-identifying students.
“For years, transgender students have been able to use restrooms consistent with their gender at many schools across Idaho, without causing harm to anyone else. This law was always a solution in search of a problem. The vast majority of courts ruling on similar discriminatory laws have struck them down, and the court’s decision here is an outlier that fails to respect the equal dignity of transgender students,” Renn said.
The ruling comes amidst a national debate about similar legislation, with states like Kansas, Arkansas, and others passing laws this year particularly designed to give biological girls safe spaces at school apart from boys.
This piece first appeared at TPUSA.
