Idaho law turns me into a criminal just for using the bathroom | Opinion
Editor’s note: This guest column was written on March 26, before the passage of House Bill 752. It has since passed the Legislature, was signed by Gov. Brad Little and becomes effective July 1.
There is something surreal about standing in front of a legislative committee and asking them not to pass a bill that would put you and your community at extreme risk, while also criminalizing you for trying to avoid that risk.
Right now, Idaho lawmakers are considering House Bill 752, the harshest bathroom bill introduced in the country. It criminalizes trans people simply for being present in a bathroom or facility that aligns with their gender identity. It does not require harm, only presence. If passed, a trans person could walk into the bathroom to wash their hands and face up to a year in jail. If they did it again, the penalty would increase to up to five years in prison.
As a trans Idahoan, this bill would force me into a position where I have to choose between the possibility of going to jail and being attacked any time I need to use the public bathroom.
Think I’m being hyperbolic?
During the House floor debate, one representative said that if he ever saw a person he perceived to be a man walk into the women’s facilities while his daughters were inside, he wouldn’t wait for the police to arrive. The implication was clear: He would take matters into his own hands.
Despite being opposed by multiple law enforcement agencies, this bill is being sold as necessary to protect women and girls. In reality, it does the opposite. During Senate testimony, one Idaho cisgender woman shared multiple instances in which she was denied entry or physically removed from a restroom because she didn’t fit someone else’s personal expectation of how a woman should look.
Nothing makes the hypocrisy of this bill clearer than its author, Scott Herndon, a former state senator from Sagle. In the same newsletter where he claims to champion the safety of women and girls, he is promoting a gun giveaway. Notably, guns are the second-leading cause of death among children and teens in Idaho and account for 88% of intimate partner homicides of women in Idaho.
And despite all of this, the way HB 752 has moved through the Statehouse does not reflect the gravity of its consequences or the level of opposition from Idahoans.
In the Senate Judiciary & Rules Committee, HB 752, a bill creating a new crime, was packed into a 60-minute meeting alongside several other items. Only 22 minutes were allowed for public testimony, and just five people were given the opportunity to speak — three in opposition, two in support.
The split suggested a fairly even divide in public sentiment. This was not the case.
Public records show that 327 Idahoans registered their position on HB 752. Of those, 279 were opposed, while only 48 were in favor. Idahoans showed up, but this committee ignored them. And despite clear opposition, the committee voted along party lines and ultimately stamped HB 752 with a “Do Pass” recommendation.
I’m at a loss. Yesterday I was angry. Today, after a long, restless night of wondering which day this bill will pass, I’m exhausted — and still angry.
I am angry for my trans community, who just want to live our lives and be recognized as full and deserving human beings. I am angry that lawmakers are using their power to target trans and queer people, our immigrant community members and people with disabilities instead of addressing the real challenges facing Idaho families. And I am angry that I am forced to spend my time fighting for the basic right to exist safely in public spaces.
HB 752 is not about safety. Idaho already has numerous laws that protect the privacy, safety and dignity of its residents. This bill makes these spaces more dangerous for everyone.
And it does so while ignoring the very people this body claims to represent.
Nikson Mathews is a fourth-generation Idahoan, legislative advocate, and proud trans person.
This story was originally published March 26, 2026 at 11:51 AM.