I’ll start with the bad news: The U.S. Court of Appeals for the Ninth Circuit has temporarily blocked enforcement of our school bathroom law, endangering the safety and privacy of students throughout the state.
Senate Bill 1100 – which was drafted by Idaho Family Policy Center and bravely sponsored by Sen. Ben Adams (R-Nampa) and Rep. Ted Hill (R-Eagle) – had been scheduled to go into effect next week after U.S. District Court Judge David Nye denied a request for a preliminary injunction, noting that the LGBT group bringing the lawsuit could not demonstrate it was likely to succeed on the merits.
But last night, a three-judge panel of the Ninth Circuit granted a preliminary injunction pending appeal, meaning that the law cannot be enforced—at least for now.
The two appellate judges who issued the ruling did not explain why they believe Judge Nye came to the wrong conclusion when he refused to issue a similar preliminary injunction earlier this month.
We’re deeply disappointed with the outcome today. After all, our girls face elevated risk of voyeurism, sexual assault, and embarrassment when schools allow biological boys to use bathrooms and changing areas designated for girls.
But here’s the good news: Despite this temporary setback, the fight is far from over.
One of the three appellate judges on the panel dissented from the majority, affirming that in his view “appellants have not demonstrated a sufficient likelihood of success on the merits of their appeal.”
We agree. I’m confident that when all is said and done, Senate Bill 1100 will be vindicated in the courts. In fact, other federal courts, including the U.S. Court of Appeals for the Eleventh Circuit, have ruled that similar school bathroom policies are constitutionally sound.
Idaho Family Policy Center will keep fighting for the privacy and safety rights of all students, and we will keep you updated as this case progresses.