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
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
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
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

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 Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit
Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS