Bill Description: House Bill 264 would require that restrooms in certain government facilities be restricted to members of either the male or female sex.

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NOTE: House Bill 264 is very similar to House Bill 190 and is related to House Bill 49, both introduced earlier this session. House Bills 264 and 190 are more limited in scope than House Bill 49. These later bills deal only with correctional facilities, domestic violence shelters, juvenile correctional centers, and state educational institutions, while House Bill 49 would also apply broadly to public buildings.

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 264 would create Chapter 98, Title 67, Idaho Code, to require that correctional facilities, domestic violence shelters, juvenile correctional centers, 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 are also exceptions for using "a single-sex facility designated for the opposite sex, if such single-sex facility is the only facility reasonably available at the time of the person's use of the facility"; using "restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person's biological sex"; providing "coaching or athletic training during athletic events"; and accompanying and rendering "assistance to a person who is in need of assistance when the person rendering assistance is a family member or a legal guardian, or the designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters."

Facility managers may adopt "policies necessary to accommodate persons protected under the Americans with disabilities act, young children in need of assistance, or elderly persons requiring aid." They may also establish "single-occupancy restrooms, changing rooms, or sleeping quarters or family restrooms, changing rooms, or sleeping quarters" or redesignate "a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex."

Somewhat counterintuitive to the purpose of this law, state educational institutions would be required to "provide a reasonable accommodation to any student or employee who for any reason, is unwilling or unable to use a multi-occupancy restroom, changing room, or sleeping quarters designated for the person's sex; and provides a written request for reasonable accommodation to the state educational institution."

Enforcement of this statute would be handled through a "private cause of action for declaratory and injunctive relief" against a facility or institution that 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."

House Bill 264 is more limited in scope than House Bill 49 and contains more exceptions. But it does take a step toward recognizing the immutability of two biological sexes and protecting some spaces that are appropriately dedicated to exclusive use by either females or males.

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