Originally posted on IdahoEdNews.org on September 2, 2025

BOISE, ID – A new law restricting transgender access on college campuses is in effect, for the time being.

But attorneys have again asked a federal judge to put the 2025 law on hold, as a lawsuit works its way through the federal courts.

At issue is House Bill 264, which requires colleges and universities to designate restrooms, changing rooms and dormitories “for the exclusive use by either females or males.”

Two transgender persons have filed a lawsuit seeking to overturn the law: Atlas Jones, a Boise State University student who identifies as male; and an unidentified plaintiff, who spends significant time on the University of Idaho and identifies as female.

After filing the lawsuit, the plaintiffs sought a temporary injunction tied to the start of fall semester.

On Aug. 23, two days before the start of classes, Chief U.S. District Court Judge David Nye rejected the request for injunction, saying it is unlikely the plaintiffs will prevail in court.

“While the enactment of HB 264 could prove to be a hardship for transgender individuals, the staying of HB 264 could prove a hardship for those who seek privacy from the opposite sex while using the restroom,” Nye wrote.

The plaintiffs filed a second request for injunction with Nye Wednesday, to allow them to appeal to the U.S. Court of Appeals for the Ninth Circuit.

“Plaintiffs will be ousted from restrooms consistent with their gender identity — as Boise State University and University of Idaho have allowed for years without incident — for the foreseeable future unless an injunction pending appeal is granted,” attorneys for the plaintiffs wrote.

Attorney General Raúl Labrador’s office argued against the request for injunction Friday, saying Boise State and the U of I “have gender-neutral single-occupancy restrooms across their campus that plaintiffs are free to use.”