Attorney General Bonta Defends Transgender Students’ Rights to Use Restrooms Matching Their Gender Identity

OAKLAND - California Attorney General Rob Bonta yesterday joined a coalition of 19 attorneys general in filing an amicus brief supporting transgender students in their lawsuit challenging Idaho's law prohibiting transgender students from using school bathrooms consistent with their gender identity. In the brief, Attorney General Bonta and the coalition argue that the law is unconstitutional and disregards the demonstrable benefits produced by inclusive laws and policies.

"Idaho's law is an unconstitutional threat to the safety and privacy of transgender and gender-conforming students," said Attorney General Bonta. "No one should feel uncomfortable or be afraid to use a public restroom because of their gender identity. Inclusive policies like those in California have been demonstrated to help protect transgender individuals from physical and mental harms without diminishing the rights of any other students. We will continue to fight to protect transgender Americans from discrimination and secure safe, welcoming school environments for all students."

Idaho's House Bill 264 (HB 264) bans transgender people from using restrooms and other sex-separated facilities consistent with their gender identity in certain locations, including public educational institutions like Idaho's public universities and community colleges. On July 25, 2025, two transgender college students filed a lawsuit in the U.S. District Court for the District of Idaho, arguing that HB 264 violates their rights under the Fourteenth Amendment of the Constitution as well as Titles VII and Title IX of the Civil Rights Act of 1964. The suing individuals asked the district court to issue a preliminary injunction preventing Idaho from enforcing HB 264 against them while the lawsuit proceeds.

In the amicus brief, Attorney General Bonta and the coalition urge the district court to grant the plaintiff's motion for a preliminary injunction. Attorney General Bonta and the coalition argue that HB 264:

• Violates the Equal Protection Clause of the U.S. Constitution by stigmatizing transgender students and denying them access to common school facilities based on their gender identity.
• Fails to recognize how inclusive laws and policies - such as those in California - produce important benefits without compromising the privacy and safety of others.

Since 2014, all California schools have been required to permit students to use single-sex facilities consistent with the student's gender identity. Attorney General Bonta is committed to upholding California law and protecting the LGBTQ+ community from unfair harms. Last year, Attorney General Bonta joined an amicus brief defending the rights of a transgender boy seeking to use the boy's restroom at his Indiana high school. In June of this year, Attorney General Bonta issued a new "State of Pride Report" highlighting the California Department of Justice's unwavering actions over the past year to support, uplift, and defend the rights of LGBTQ+ communities across California and beyond.

In filing yesterday's brief, Attorney General Bonta joins the attorneys general of Washington, New York, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Virginia, and the District of Columbia.