Law & Courts

Idaho Can Restrict Transgender Students’ Restroom Use, Appeals Court Rules

By Mark Walsh — March 21, 2025 3 min read
Restroom sign male female
  • Save to favorites
  • Print

A federal appeals court has declined to block an Idaho law requiring public school students to use only the restroom and changing facilities corresponding to their “biological sex,” ruling that it likely does not violate the 14th Amendment’s equal-protection clause or Title IX.

The decision is the latest development in a high-stakes national debate over the rights of transgender students and a reminder that the courts are weighing in even as the Trump administration has sought through executive orders and public statements to assert that there are only two sexes and that schools should not assist students’ gender transitions.

At least 11 states have such restroom bans in place, according to the Associated Press.

The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, is notable because another panel of that court previously blocked a separate Idaho law that barred transgender athletes from women’s and girls’ sports.

The court in that earlier case, in an opinion initially filed in 2023 but amended in 2024, said discrimination based on transgender status was a form of sex discrimination and that the sports law was likely unconstitutional. Proponents of the sports law have appealed to the U.S. Supreme Court.

The new decision involves the 2023 Idaho law on restrooms and facilities, which was challenged by a transgender student identified in court papers as Rebecca Roe and the Sexuality and Gender Alliance at Boise High School.

A federal district court declined to block the law, though the 9th Circuit temporarily issued an injunction that kept it from taking effect during the 2023-24 school year.

Court lends credence to Idaho’s student privacy and safety goals

Under its March 20 decision in Roe v. Critchfield, the 9th Circuit panel agreed that the Idaho restroom and facilities law discriminates based on sex and transgender status. Thus, the law must survive a heightened level of judicial scrutiny to pass muster under the equal-protection clause, the panel said.

But the court concluded that Idaho met that burden because the law cites the legislature’s objectives as “protecting the privacy and safety of all students” specifically “in restrooms and changing facilities where such persons might be in a partial or full state of undress in the presence of others.”

The state has a substantial interest in “(1) not exposing students to the unclothed bodies of students of the opposite sex; and (2) protecting students from having to expose their own unclothed bodies to students of the opposite sex,” said the opinion by Judge Morgan Christen, an appointee of President Barack Obama. He was joined by Judges Kim McLane Wardlaw, a President Bill Clinton appointee, and Mark J. Bennett, a first-term appointee of President Donald Trump.

This case was the “unusual situation in which the state’s privacy justification is easily corroborated by common experience and circuit precedent,” Christen said. “That some students in a state of partial undress may experience embarrassment, shame, and psychological injury in the presence of students of a different sex is neither novel nor implausible.”

The court also declined to block the Idaho law as a violation of Title IX of the Education Amendments of 1972, the federal law that bars sex discrimination in federally funded schools.

The court said it agreed that Idaho did not have adequate notice, when it accepted federal funds, “that Title IX prohibits the exclusion of transgender students from restrooms, locker rooms, shower facilities, and overnight lodging corresponding to their gender identity.”

The panel gave a brief discussion in a footnote to the recent debate over conflicting interpretations of Title IX by the Biden administration’s 2024 final regulation, which sought to protect transgender students but was struck down by a federal district judge in January, and President Trump’s executive orders and other public statements seeking to limit transgender rights at school.

“We express no opinion” on whether the Biden or Trump administration’s actions give notice to the states that a law such as Idaho’s excluding transgender students from facilities that “align with their gender identity” would violate Title IX, the court said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Screen Time and AI: An Evidence Playbook for School Leaders
Get a clearer picture of the current policy landscape, a framework for evaluating new tools, plus language to use in the next board meeting.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP
Law & Courts Court Blocks Trump Admin.'s Abstinence Emphasis in Teen Pregnancy Program
HHS revamped the grant with new requirements that align with conservative priorities.
3 min read
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., Wednesday, Oct. 19, 2022.
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., on Oct. 19, 2022. The organization is part of a coalition of affected grantees affected by the Trump administration funding for teen pregnancy programs.
Josh Funk/AP