Protecting Women's Privacy in State Facilities: 2025 Idaho House Bill 264
HB 264, known as "Protecting the Privacy of Women," establishes new requirements for sex-segregated spaces in certain state facilities. This legislation creates clear guidelines for restrooms, changing rooms, and sleeping quarters in state-run institutions while providing specific protections for women's privacy. The bill balances privacy concerns with exceptions for necessary situations and offers reasonable accommodations for those with special circumstances. While focusing on state facilities rather than private businesses, this legislation represents Idaho's continued efforts to maintain distinct spaces based on biological sex within government institutions.
The Bill's Purpose
House Bill 264 aims to ensure women and girls have privacy and safety in certain state facilities by requiring sex-segregated restrooms, changing rooms, and sleeping quarters. The legislation specifically targets places where women might be particularly vulnerable, such as prisons, domestic violence shelters, juvenile detention centers, and public colleges and universities.
Scripture reminds us that God created mankind as distinctly male and female (Genesis 1:27), each with inherent dignity and value. This bill acknowledges the biological reality of sex differences and provides protections rooted in those distinctions.
"This legislation will continue Idaho's efforts to protect the rights of girls and women and their private spaces where they are most vulnerable," notes the bill's statement of purpose, highlighting concerns about potential harassment, abuse, and violations of privacy that could occur when biological males and females share intimate spaces.
The Core Provisions
The bill establishes several straightforward requirements for "covered entities," which include state correctional facilities, domestic violence shelters, juvenile correctional centers, and state educational institutions like public universities and community colleges:
Facility Designations
Multi-person restrooms, changing rooms, and sleeping areas must be clearly designated as either male-only or female-only.
Usage Restrictions
People can only use facilities that match their biological sex as defined in existing Idaho law (section 73-114).
Privacy Safeguards
State facilities must take reasonable steps to ensure privacy between the sexes in these spaces.
Practical Exceptions
Common-sense exceptions allow opposite-sex access for:
Maintenance workers and janitors
Medical personnel during emergencies
Law enforcement officers and those supervising inmates
Emergency responders during disasters
When single-user facilities of the appropriate sex aren't available
Coaches and athletic trainers during sporting events
Family members or guardians helping someone who needs assistance
Continued Accommodations
The bill still allows:
Special arrangements for people with disabilities, children, and elderly folks
Single-user or family restrooms
Redesignating a multi-user facility from one sex designation to another
Educational Institution Requirements
Public colleges and universities must provide reasonable accommodations for students or employees who don't want to use multi-user facilities matching their sex, but these accommodations cannot include access to opposite-sex facilities when opposite-sex individuals are present.
Enforcement Mechanism
If someone encounters a person of the opposite sex in their restroom or changing room because the facility allowed it or failed to prevent it, they can sue for court orders (not monetary damages), though attorney fees may be recovered. These lawsuits must be filed within two years of the violation.
Current Status and Sponsors
Sponsors: Representative Barbara Ehardt and Senator Cindy J. Carlson
Committee: Judiciary, Rules & Administration (House); State Affairs (Senate)
Current Status: Signed by Governor on April 1, 2025, becoming Session Law Chapter 251. The law will take effect on July 1, 2025
