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
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi

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 Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP