BOISE, Idaho — This article originally appeared in the Idaho Press.
The Senate on Thursday afternoon passed on a party-line vote what’s known as “the bathroom bill,” which requires students to use bathrooms and changing rooms that correspond to their biological sex; it comes with a civil penalty for up to $5,000 against the schools.
Opponents have said it could be harmful to transgender students.
Sen. Ben Adams, R-Nampa, sponsored SB 1100, which passed with a 28-7 vote.
“This is necessary to ensure a safe learning environment for all of our students,” Adams said.
He also said the idea of separating facilities by sex isn’t new.
“The idea that men and women are different is older than western civilization itself,” he said.
The bill had been amended to allow an exemption for coaches in locker rooms during games and matches. The legislation includes a requirement to provide “reasonable” accommodations to students who are unable or unwilling to use the bathroom of their biological sex, which may be different from the gender they identify with.
Sen. Janie Ward-Engelking, D-Boise, said she was concerned with the civil cause of action in the bill, especially because it could be brought up to four years after the incident. She said she thought it could open up school districts to frivolous lawsuits.
“I know that school districts follow the law, they are required to follow the law,” Ward-Engelking said.
Sen. Brian Lenney, R-Nampa, said he supported the bill because school districts had been looking for policy guidance on this issue. He was also in favor of the civil penalty, because the bill needed “some teeth.”
Senate Minority Leader Melissa Wintrow, D-Boise, said the bill would be largely unenforceable. She said if she saw someone entering a bathroom and was unclear of their biological sex, there isn’t a reasonable way to verify.
‘I think this bill is unnecessary and it’s harmful, and I don’t think we’re able to really enforce it anyway,” Wintrow said.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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