The U.S. Court of Appeals for the 9th Circuit has upheld an Idaho law designed to maintain sex-specific spaces in K-12 public schools, including locker rooms, showers, restrooms, and overnight accommodations. The decision was made unanimously on Thursday.
Idaho Attorney General Raúl Labrador, alongside attorneys from Alliance Defending Freedom (ADF), had requested the court uphold a previous district court ruling affirming the law while legal proceedings continue. Last March, Idaho implemented this law to ensure that facilities remained specific to each sex while providing single-user options as well.
In July, activists filed a lawsuit against Idaho State Superintendent of Public Instruction Debbie Critchfield and the State Board of Education. They demanded changes that would require girls and boys to share private spaces with members of the opposite sex.
Attorney General Labrador commented on the ruling: “Idaho’s law reflects common sense and biological reality, protecting all students’ privacy and safety in spaces like locker rooms and showers.” He emphasized the importance of preserving student privacy, dignity, and safety in educational environments.
Erin Hawley, ADF Senior Counsel and vice president of the ADF Center for Life and Regulatory Practice who argued before the 9th Circuit stated: “Idaho’s law protects every student’s dignity and worth by respecting their privacy and safety in locker rooms, showers, restrooms, and overnight stays.” She added that boys and girls deserve private spaces without concerns about sharing them with members of the opposite sex.
Initially upheld by a lower court, Idaho's law faced an appeal leading to an injunction by activists. However, with its recent opinion in Roe v. Critchfield, the 9th Circuit reversed its prior order dissolving this injunction. This decision allows Idaho's law to be enforced while legal proceedings continue.
The court's opinion noted no substantial argument against mandatory segregation based on "biological sex" concerning state interests such as preventing exposure between students of opposite sexes in vulnerable settings.