BOISE, ID – A federal judge has denied a request to temporarily block enforcement of an Idaho law that requires school students to use restrooms corresponding to their biological sex.

In a ruling issued August 7, Chief U.S. District Judge David C. Nye found that the Sexuality and Gender Alliance (SAGA) had not shown it was likely to succeed on its legal claims under the Equal Protection Clause or Title IX. The group had sought a preliminary injunction, or alternatively a temporary restraining order, against the law as a challenge to the law proceeds in the courts.

Senate Bill 1100, passed by the Idaho Legislature in March 2023, requires students in Idaho public schools to use restrooms, changing rooms, and communal showers corresponding to their biological sex. Schools must offer alternative accommodations to any student unwilling or unable to use those facilities.

SAGA argued the law violates the rights of transgender students. The court acknowledged privacy is an important government interest but rejected the argument that such measures eliminate broader privacy concerns in shared restrooms, including changing clothes or performing personal hygiene.

Judge Nye wrote that the law is “substantially related” to the state’s interest in protecting student privacy and that longstanding separation of school restrooms by biological sex is supported by legal precedent.

On the Title IX claim, the court maintained its earlier position that separating facilities by sex is permissible under the law. The court also agreed with the state’s argument that it did not have “clear notice” that Title IX prohibited such separation when accepting federal education funding.

Finding no likelihood of success on the merits, the court also concluded that SAGA had not met the other requirements for preliminary relief, such as showing irreparable harm.

The decision means S.B. 1100 will continue to be enforced as the case proceeds.