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House Bill 049 — Safety and privacy (+1)

House Bill 049 — Safety and privacy (+1)

by
Parrish Miller
January 27, 2025

Bill Description: House Bill 49 would require that restrooms in most government facilities be restricted to members of either the male or female sex.

Rating: +1 

Does it promote the breakdown of the traditional family or the deconstruction of societal norms? Examples include promoting or incentivizing degeneracy, violating parental rights, and compromising the innocence of children. Conversely, does it protect or uphold the structure, tenets, and traditional values of Western society?

House Bill 49 would create Chapter 11, Title 20, Idaho Code, to require that correctional facilities, domestic violence shelters, juvenile correctional centers, public buildings, and state educational institutions "designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use by either females or males."

It would further stipulate that "no individual shall enter a restroom, changing room, or sleeping quarters that is designated for females or males unless such individual is a member of that sex."

Exceptions are made for those performing custodial services or maintenance, rendering medical assistance, performing law enforcement duties, or providing services or rendering aid during a "natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety."

There is also an exception for "policies necessary to accommodate persons protected under the Americans with disabilities act, young children in need of assistance, or elderly persons requiring aid." 

Building managers may also choose to establish "single-occupancy restrooms, changing rooms, or sleeping quarters or family restrooms, changing rooms, or sleeping quarters" that are not designated for use by a particular sex. It is unclear if this exception would cover university apartments, which allow for co-leasing by self-selected roommates, regardless of sex or familial status. 

Enforcement of this statute would be handled through a "private cause of action for declaratory and injunctive relief" against a facility or institution if it provided someone "permission to use a restroom or changing room of the opposite sex" or "failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex."

(+1)

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