Idaho Attorney General Raúl Labrador announced this week that a legal challenge to the state’s school privacy law has been fully resolved after the plaintiffs agreed to voluntarily drop both their district court case and their appeal to the Ninth Circuit Court of Appeals.
The law at the center of the dispute, Senate Bill 1100, was passed by the Idaho Legislature in March 2023. It requires students in public K-12 schools to use bathrooms, locker rooms, showers, and overnight facilities that correspond to their biological sex. Schools are also required under the law to make single-occupancy accommodations available for any student who prefers not to use a shared facility.
A Lawsuit That Failed at Every Level
Shortly after the law took effect, a student and an organization called the Sexuality and Gender Alliance filed suit in federal court, arguing that SB 1100 violated the Equal Protection Clause, Title IX, and constitutional privacy protections. The case, known as Sexuality and Gender Alliance v. Critchfield, moved through the courts over the next two years without success for the challengers.
In October 2023, U.S. District Judge David Nye declined to block the law while the case proceeded, siding with Attorney General Labrador’s position that the statute is substantially related to the government’s legitimate interest in protecting student privacy and safety. The plaintiffs appealed, but the Ninth Circuit — often considered one of the more liberal federal circuits — unanimously upheld the district court’s decision in March 2025. The appeals court found that protecting students’ physical privacy constitutes a legitimate government interest and that the law ran afoul of neither the Equal Protection Clause nor Title IX.
With no remaining legal avenues, the plaintiffs agreed to dismiss the case entirely. Under the terms of the stipulation, both sides will bear their own legal costs and fees.
Labrador: Idaho Families Can Rest Assured
Attorney General Labrador framed the outcome as a clear vindication of the legislature’s intent and the state’s authority to establish sex-specific policies in public school facilities.
“From the district court to the Ninth Circuit, we defended Idaho’s right to protect students’ privacy in bathrooms and locker rooms,” Labrador said. “Idaho families can be confident that this law is fully in effect and will remain so.”
The ruling carries significance beyond Idaho’s borders. A unanimous Ninth Circuit decision affirming the constitutionality of sex-specific school facility policies could influence similar laws in other states facing legal challenges.
For Idaho parents and school administrators, the practical impact is straightforward: the legal uncertainty that has surrounded SB 1100 since its passage is now resolved. Schools may implement and enforce the law without concern that a court will intervene. The law’s built-in accommodation requirement — providing single-occupancy alternatives — ensures that any student who does not wish to use a shared facility has a private option available.
Parents interested in how school policy decisions like this one are made — and how to engage in that process — can find practical guidance through an Idaho podcast series covering how citizens can participate in local school board activities. For other Idaho education and government news, visit Idaho News for statewide coverage.
What Comes Next
With the litigation concluded, Idaho’s school bathroom privacy law stands as written. School districts across the state are expected to continue operating under its requirements without further legal interruption. Attorney General Labrador’s office has not indicated any additional related enforcement actions are planned at this time.