From Chief Judge David Nye's decision yesterday in Roe v. Critchfield (D. Idaho):
On March 22, 2023, the Idaho Legislature adopted Idaho Senate Bill 1100 …. On July 1, 2023, S.B. 1100 went into effect. S.B. 1100 requires, among other things, that students in Idaho public schools use the bathroom or locker room that corresponds with their biological sex. Similar regulations apply to overnight accommodations….
This is a difficult case. The Court previously prevented S.B. 1100 from taking effect [via a temporary restraining order] based upon the concept that maintaining the status quo—of no formal regulation—would allow the parties more time to fully address the difficult issues involved in this case. And while its decision today is still not a full adjudication on the merits, the Court finds that Plaintiffs have not shown they are likely to succeed on the merits of their claims.
The Court is not implying Plaintiffs' arguments are meritless—after all, some courts have upheld similar arguments to those Plaintiffs offer now. On the other hand, other courts have upheld the arguments Defendants proffer. Indeed, this area of law (and societal policy) is evolving.
