Idaho officials told a federal judge that DNA testing could be used to help enforce the state’s new transgender bathroom law, which is currently facing a legal challenge. House Bill 752, set to take effect July 1, requires transgender people to use public bathrooms and changing facilities that match their sex assigned at birth. The law creates criminal penalties for people who “knowingly and wilfully” use facilities that do not correspond with their assigned sex, with repeat violations carrying prison sentences of up to five years. During a federal court hearing, US District Judge Amanda Brailsford questioned how the law could be enforced when many transgender people carry identification reflecting their gender. Idaho Solicitor General Michael Zarian responded that enforcement may be possible “because there is DNA testing.” Representing six transgender Idahoans challenging the law, Lambda Legal attorney Kell Olson argued the measure makes Idaho less safe for transgender people and threatens serious and immediate harm, no matter what trans people do.
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