By Melissa Davlin, Idaho Reports
The US District Court of Idaho has temporarily blocked a law requiring students in Idaho public schools use the bathroom or locker room that corresponds with their gender assigned at birth.
The order, written by Chief US District Court Judge David Nye, comes after a July lawsuit, Roe v Critchfield, that alleges the law violates the Fourteenth Amendment’s Equal Protection Clause and Title IX. The Thursday order comes less than a week before multiple Idaho school districts start the 2023-24 school year.
The order doesn’t rule on the law itself; Rather, it reverts the state’s public schools to the individual policies in place before the 2023 legislature passed Senate Bill 1100. According to the order, approximately one-fourth of Idaho’s districts allowed transgender students to use facilities consistent with their gender identity before the law went into place on July 1, 2023.
The court scheduled a hearing to consider a preliminary injunction for Sept. 13.
“Although the issues in this case are “complex” and “weighty”… the question today is relatively simple: what is the status quo that must be preserved pending resolution of Plaintiffs’ (preliminary injunction) Motion?” Nye wrote.
“By granting the (temporary restraining order) today, the Court is not mandating or requiring that school districts in Idaho do anything—including adopt policies that would allow students to use restrooms that coincide with their gender identity. Nor is it requiring Defendants to do anything,” Nye continued. “It is simply prohibiting, for the time being, the enforcement of a new State-wide law and allowing the continuation of school-by-school imposition of policies.”
Melissa Davlin | Host, Lead Producer
Melissa Davlin is the lead producer and host of Idaho Reports. She has covered the Idaho Legislature since 2012. She also produces for Outdoor Idaho and Idaho Experience. Melissa serves as the president of the Idaho Press Club. She has won multiple awards for her work, including a regional Emmy for her documentary on Chinese immigration in Idaho, Idaho Press Club broadcast reporter of the year for 2015 and 2019, the Idaho Press Club First Amendment Award, the University of Idaho Silver and Gold Alumni Award, and the 2019 Boise State University Enhancing Public Discourse award. She lives in Boise with her husband and children.
