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House passes bill requiring single-sex occupancy in prisons, shelters and some campus housing
Summary
The Idaho House passed House Bill 2 64 on a 61-9 vote after extended debate over whether a single statute can cover prisons, domestic-violence shelters and university housing. Sponsors said the measure protects women; opponents said it invites litigation and micromanages different institutions.
BOISE — The House of Representatives passed House Bill 2 64 on a 61-9 vote Thursday, directing that certain facilities provide single-sex occupancy for sleeping and bathing areas in prisons, domestic-violence shelters and specified university housing.
Supporters said the measure extends existing single-sex protections to additional settings. Representative (District 33) introduced the bill on the floor, saying the policy seeks to protect women in prisons, shelters and on campus and that similar rules already exist for sports and K–12 settings. “This is a common-sense Idaho piece of legislation,” the sponsor said during floor debate.
Backers argued the measure addresses incidents in other states and concerns about privacy and safety when persons identifying as female but biologically male occupy women’s sleeping or bathing spaces. The sponsor told colleagues the bill is modeled on statutes in other states and is intended to be enforceable by facility rules.
Opponents, including Representative (District 21), argued the bill conflates institutions with different operational needs and would impose added burdens on corrections staff. Representative (District 21) pointed to grievance procedures and litigation history involving the Idaho Department of Correction, saying inmate lawsuits are already frequent and that the bill could spur more legal claims. “Prisons are different,” the member said on the floor, noting what he described as an existing record of tort claims against the department.
Representative (District 33) rebutted that the measure is focused on protecting women and victims of domestic violence and that domestic-violence shelters and universities can adopt operational rules to implement the change. Floor debate included repeated exchanges about statutory grievance procedures and the operational capacity of corrections facilities.
The House clerk recorded the final tally as 61 yeas and 9 nays, with the bill approved and ordered transmitted to the Senate.
Why it matters: Supporters framed the bill as a privacy-and-safety measure for women in congregate settings; opponents said it risks litigation and does not account for the operational differences among prisons, shelters and university housing. The bill now moves to the Senate for consideration.
