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Boise, Idaho — Idaho’s new transgender bathroom law is now partly in effect, but police and prosecutors are still uncertain how it will be enforced.

The law, passed through House Bill 752, creates criminal penalties for people who knowingly enter a bathroom or changing room designated for the opposite sex in government buildings and public accommodations. A first offense is a misdemeanor, while a second offense within five years can be charged as a felony.

A federal judge partially blocked the law in bathrooms, allowing transgender people to use single-user restrooms matching their gender identity or multi-user restrooms when no single-user option is available nearby. The injunction does not apply to changing rooms.

Law enforcement officials told the Idaho Capital Sun that officers may have difficulty determining someone’s biological sex without relying on IDs, statements, or potentially invasive procedures. Idaho Fraternal Order of Police President Bryan Lovell said officers do not have a simple way to determine gender and questioned whether DNA testing or physical inspections would be practical.

Supporters say the law protects women and girls in private spaces. Opponents argue it puts transgender people at risk and creates unclear enforcement standards.

The law remains under court challenge by the ACLU.

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