Restroom Availability Is Focus of 9th Circuit Trans Law Hearing

Ninth Circuit judges Friday questioned whether Idaho’s law requiring students at public colleges and universities to use restrooms aligning with their sex at birth is harming two transgender students challenging the statute.

Judge Morgan Christen said the record “leaves something to be desired” as to how accessible single-occupancy restrooms are on the plaintiffs’ campuses, which is “critically important” as the court weighs whether to temporarily enjoin the law.

Idaho Solicitor General Alan Hurst, representing state officials and universities, argued it “would be adequate in many or most situations.” And if it’s not, the law provides individuals an opportunity to submit ...