Committee advances bill restricting multi-occupancy restrooms, sleeping spaces to biological sexes in prisons, shelters and public higher ed

The House Judiciary, Rules and Administration Committee voted 11–2 to send House Bill 264 to the House floor with a “do pass” recommendation after a lengthy hearing that drew more than two dozen public witnesses and extended debate over definitions, enforcement and civil remedies.

House Bill 264, sponsored by Representative Barbara Ehart, would require three types of state-covered entities—correctional facilities (including juvenile facilities), public institutions of higher education and state-operated domestic violence shelters—to designate multi-occupancy restrooms, changing spaces and sleeping accommodations as for either “male” or “female” as defined in Idaho law. Single-user facilities would not be required to be designated.

Sarah Beth Nolan, legal counsel for Alliance Defending Freedom, told the committee the bill “only addresses ***. There is no mention of gender, and that is purposeful,” and that the statutory language is intended to work in tandem with the Americans with Disabilities Act and other exceptions for medical care, custodial services and law-enforcement activity. Nolan said the bill’s “reasonable steps” standard is a flexible…