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History

Homosexual activity in Idaho

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Homosexual activity in Idaho is legal.

Current status
Since Jun 26, 2003
Legal
Idaho's law banning gay sex was overturned by SCOTUS's decision in Lawrence v. Texas (2003), and definitively repealed in 2022.
Sources:
Lawrence v. Texas, 539 U.S. 558 (2003)
legiscan.com/ID/bill/S1325/2022
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Same-sex marriage in Idaho

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Same-sex marriage in Idaho is legal.

Current status
Since Oct 15, 2014
Legal
On October 15, 2014, same-sex marriage became legal in Idaho.
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Jan 2006–Oct 14, 2014
Banned
A 2006 constitutional amendment defined marriage as the union of man and woman and the only type of partnership the state recognizes.

Censorship of LGBT issues in Idaho

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Censorship of LGBT issues in Idaho is state-enforced.

Current status
Since Jul 1, 2025
State-enforced
HB 352 forbids LGBTQ+ instructions in grades K-12.
Jun 22, 2023–Jul 1, 2025
Varies by Region
Nampa County's school board, in June of 2023, enacted a similar policy to Florida's infamous "Don't say gay" bill, prohibiting the discussion of LGBT topics and issues in schools.

No major censorship exists statewide, however, Idaho school districts are required to remove any mandates for teachers to use transgender students' preferred pronouns. Governor Brad Little signed House Bill 538, sponsored by Rep. Ted Hill, R-Eagle, which protects public employees, including teachers, who refuse to use preferred names and pronouns. The bill prohibits teachers from using a name or pronoun that doesn't match a student's birth sex without parental consent, and it grants teachers the option to sue their district if they face discipline for refusing to comply. The bill became effective on July 1st, 2024.
Until Jun 21, 2023
No censorship
Until 2023, there were no laws censoring LGBTIQ+ topics in Idaho.

However, the State tried in March 2022 to pass a bill that would make librarians criminally liable if kids access LGBT books. While the bill overwhelmingly passed in the House, it was blocked by the Idaho Senate.

Right to change legal gender in Idaho

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Right to change legal gender in Idaho is illegal.

Current status
Since Jul 1, 2024
Illegal
Transgender people are no longer able to change their gender on official documents in Idaho after the passage of House Bill 421. The bill came into effect on July 1st, 2024.
Aug 7, 2020–Jun 30, 2024
Legal, no restrictions
In August 2020, House Bill 509, which banned legal gender recognition, was overturned, returning to legal recognition being provided without the need for surgery or medical diagnosis.
Jul 1, 2020–Aug 6, 2020
Illegal
In March 2020, House Bill 509 was passed prohibiting trans people from changing their legal gender in Idaho and took effect on July 1st. However, it was struck down by a federal judge in violation of a 2018 injunction in August.
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Apr 6, 2018–Jun 30, 2020
Legal, no restrictions
In March 2018, the US District Court in Idaho ruled that the state must allow trans people to change their legal gender effective April 6th. The recognition did not require surgery or medical diagnosis.
Until Apr 5, 2018
Illegal
Until 2018, there was no legal gender recognition provided in Idaho.
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Gender-affirming care in Idaho

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Gender-affirming care in Idaho is restricted.

Current status
Since Jul 1, 2024
Restricted
In Idaho, gender-affirming care cannot be provided by anyone who works for local, county, or state agencies or on publicly owned property. Many of which are the dominant healthcare providers throughout the state. It also bans Idaho Medicaid from covering any costs of gender-affirming care. Lastly, the bill bans all gender affirming care for minors.
Apr 15, 2024–Jun 30, 2024
Legal, but banned for minors
Idaho law bans any changes with gender affirming care for minors, calling it gender mutilation in HB-71. Minors under the age of 18 cannot access gender affirming care even with parental consent. Doctors who do preform gender affirming care will be removed of their license and possibly face jail time. There will be a law into effect July 1st, 2024 that bans gender affirming care for all.
Until Apr 14, 2024
Legal
Until 2024, there were no known legal restrictions on gender affirming care in Idaho, including for minors.

Legal recognition of non-binary gender in Idaho

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Legal recognition of non-binary gender in Idaho is not legally recognized.

Current status
Since Jul 1, 2024
Not legally recognized
While legal recognition is federally recognition Idaho will not recognize any government IDs with gender X marker. This includes out of state ids, and passports.
Mar 25, 2019–Jul 1, 2024
Ambiguous
Not currently available for birth certificates, but initially available for driver's licenses and state IDs.

Hate crime protections in Idaho

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Hate crime protections in Idaho is protected in some contexts.

Current status
Since Oct 28, 2009
Protected in some contexts
Idaho law does not provide hate crime protections on the basis of sexual orientation and gender identity.

However, if a case is transferred to the federal courts, federal law applies which provides hate crime protections on the basis of sexual orientation and gender identity.
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LGBT discrimination in Idaho

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LGBT discrimination in Idaho is no protections.

Current status
Since Jul 1, 2026
No protections
HB 752 prohibits transgender individuals from entering a bathroom, changing room, or other facilities aligning with their gender identity in government buildings or public accommodations.

The violations carry steep penalties; the first violation is a misdemeanor with up to one year in county jail while a second violation is a felony with up to five years in state prison. A fourth violation carries up to life in prison.

On June 16th, 2026 a federal judge partially blocked the law stating “The Court enjoins enforcement of H.B. 752 as against all transgender people who seek to use a restroom in a government-owned building or place of public accommodation in Idaho consistent with their gender identity wherever: (1) the covered restroom designated for use by sex is a single-user facility; or (2) when a single-user restroom is not available because no single-user restroom exists on the same floor as the multi-user facilities or all single-user restrooms on the same floor as the multi-user facilities are occupied or not in service”.
Until Jul 1, 2026
Varies by Region
There are no statewide legal protections however, select local municipalities have non-discrimination ordinances under varied context.
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LGBT employment discrimination in Idaho

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LGBT employment discrimination in Idaho is varies by region.

Current status
Since Jun 23, 2026
Varies by Region
There are no statewide legal protections however, select local municipalities have non-discrimination ordinances under varied context.
Jun 15, 2020–Jun 23, 2026
Sexual orientation and gender identity
On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.
Oct 5, 2017–Jun 14, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No statewide protections.
Jul 16, 2015–Oct 4, 2017
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No statewide protections exist.
Apr 20, 2012–Jul 15, 2015
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No statewide protections exist.
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Until Apr 19, 2012
No protections
Before the EEOC granted discrimination protections for gender diverse and transgender Americans, no protections existed in the state of Idaho. The Idaho Senate committee on State Affairs rejected a bill which would've granted some discrimination protections, but not in employment.
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LGBT housing discrimination in Idaho

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LGBT housing discrimination in Idaho is no protections.

Current status
Since Jul 1, 2025
No protections
HB 264 prohibits transgender individuals from accessing sleeping quarters aligning with their gender identity.

Though this mainly effects state-owned facilities; individuals who catches a trans person in the wrong sleeping quarters may file a private right of action against the individual up to two years after the incident.
Until Jul 1, 2025
Varies by Region
There are no statewide legal protections however, select local municipalities have non-discrimination ordinances which protect individuals from housing discrimination.

Same-sex adoption in Idaho

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Same-sex adoption in Idaho is legal.

Current status
Legal
Pursuant Idaho §16-1501, any adult may may petition for adoption. Though it's not expressly permitted by any case law or statute, same-sex, second-parent adoption is theoretically legal as no laws prohibit it.
Sources:
www.lambdalegal.org/states-region/idaho
Idaho §16-1501
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Intersex infant surgery in Idaho

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Intersex infant surgery in Idaho is not banned.

Current status
Not banned
The restrictions on gender-affirming care in Idaho allow exceptions for intersex infant surgery.
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Serving openly in military in Idaho

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Serving openly in military in Idaho is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law

From July 8, 2025 onward, Air Force Reserve, Air National Guard of the United States, Army National Guard of the United States, United States Army Reserve, and United States Navy Reserve service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.

On the effective date of separation, service will be characterized as honorable in every case unless circumstances justify a different designation. Enlisted members will receive a Separation Program Designator (SPD) code of JFF (Secretarial Plenary Authority), under which the Secretary may direct separation when it is determined to be in the best interest of the service, while officers will receive an SPD code of JDK (Military Personnel Security Program), based on a determination that continued service is not clearly consistent with the interests of national security. The use of SPD code JDK is not intended, by itself, to trigger incident reporting or security clearance revocation, and gender dysphoria alone does not require reporting under Security Executive Agent Directive 3. All service members will receive a reentry code of RE-3, indicating they are not fully qualified for reentry or continued service without a waiver.
Jul 6, 2025–Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From July 6, 2025 onward, Coast Guard Reserve and Regular Coast Guard service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
Jun 7, 2025–Jul 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From June 7, 2025 onward, Active Guard Reserve, Marine Corps Active Reserve, Regular Air Force, Regular Army, Regular Marine Corps, and Regular Space Force service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
May 8, 2025–Jun 7, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On May 8, 2025, the United States Department of Defense (USDoD) began initiating administrative separation proceedings for service members who had already identified themselves for voluntary separation before March 26, 2025. On the same date, it reinstated the ban on transgender enlistment by directing that applicants who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or who have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are denied entry into military service.

On May 9, 2025, the USDoD ended all surgical procedures related to sex reassignment for service members with gender dysphoria. All such procedures—whether planned, scheduled, or not yet scheduled—were canceled, and any previously approved SHCP waivers for these surgeries were revoked. New waiver requests are no longer processed, except in cases involving the necessary treatment of surgical complications, which require special review.

Service members aged 19 or older who were already receiving cross-sex hormone therapy prior to this memorandum may continue treatment temporarily if a provider deems it necessary to prevent harm, but only until their separation is completed. Moving forward, USDoD funding cannot be used to initiate any new hormone therapy treatments for gender dysphoria, though military department leaders may request case-by-case exceptions for non-surgical care if needed to protect a service member’s health, subject to review and approval.

Also on May 9, 2025, the USDoD directed military educational institution libraries to use a standardized set of subject-heading searches to identify post-2010 books potentially associated with “gender ideology,” transgender-related topics, and other targeted concepts, sequester those materials from normal access by May 21, 2025, and hold them for expert review and possible later disposition.

On May 15, 2025, the United States Coast Guard resumed implementation of its transgender service policy by immediately pausing new accessions for individuals with a history of gender dysphoria and pausing planned, scheduled, or unscheduled medical procedures related to gender transition.

By May 21, 2025, the US Naval Academy had returned all but about 20 of the 381 books removed on March 31–April 1, 2025, to its shelves, while US Air Force libraries, including the US Air Force Academy, had also pulled a few dozen books for review.

On June 5, 2025, the U.S. Coast Guard formally made members and applicants with gender dysphoria who did not receive a waiver ineligible for service and subject to separation or disqualification, while allowing temporary continuation of some preexisting hormone therapy until separation.

On June 6, 2025, US Coast Guard restored the Civil Rights Awards Program after completing a review and updating the Civil Rights Manual.
Sep 20, 2011–Jun 30, 2016
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On 20 September 20, 2011, the repeal of the Policy concerning homosexuality in the armed forces, commonly known as “Don’t Ask, Don’t Tell” (DADT), took effect, ending the statutorily bar on open service and restoring open enlistment for lesbian, gay, and bisexual people in the United States (US) Armed Forces.

After DADT ended on 20 September 2011, former service members who had received less-than-honorable discharges solely because of DADT or earlier homosexuality policies could normally seek correction to an honorable discharge, a neutral narrative reason, and a favorable reentry code, so long as their records contained no misconduct or other aggravating factors.

Starting on 6 March 2015, the US armed services began limiting routine transgender-related discharges by elevating separation authority: in the Army, to the Assistant Secretary of the Army for Manpower and Reserve Affairs; effective 5 June 2015 in the Air Force, to the Secretary of the Air Force Personnel Council for recommendation and the Director of the Air Force Review Boards Agency for decision; and, effective 1 July 2015, in the Navy and Marine Corps, to the Assistant Secretary of the Navy for Manpower and Reserve Affairs.

On 9 June 2015, the US Department of Defense (DoD) added sexual orientation to its Military Equal Opportunity policy. On 13 July 2015, the US DoD effectively paused routine transgender-related administrative discharges by requiring all such separation decisions to be personally decided by Acting Under Secretary of Defense for Personnel and Readiness Brad Carson.
Jul 15, 2011–Sep 20, 2011
Ambiguous under federal United States law
From 15 July 2011 to 20 September 2011, the United States (US) Court of Appeals for the Ninth Circuit’s partial stay allowed the military to refuse new openly lesbian, gay, and bisexual recruits, but it continued to block investigations, discharge proceedings, and discharges under the Policy concerning homosexuality in the armed forces, commonly known as Don't Ask, Don't Tell (DADT), against current servicemembers. On 22 July 2011, US President Barack Obama, US Secretary of Defense Leon Panetta, and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen certified that repeal could be implemented, triggering the final 60-day waiting period.
Jul 6, 2011–Jul 15, 2011
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From 6 July 2011 to 15 July 2011, the United States (US) Court of Appeals for the Ninth Circuit’s order again barred enforcement of the Policy concerning homosexuality in the armed forces, commonly known as Don't Ask, Don't Tell (DADT), against both serving personnel and new applicants, but on 15 July 2011 the court partially stayed the injunction to let the military refuse new openly lesbian, gay, and bisexual recruits while still blocking DADT investigations, discharge proceedings, and discharges against current servicemembers.
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Oct 20, 2010–Jul 6, 2011
Don't Ask, Don't Tell under federal United States law
On 20 October 2010, the United States (US) Court of Appeals for the Ninth Circuit temporarily stayed the injunction, making the Policy concerning homosexuality in the armed forces, commonly known as Don't Ask, Don't Tell (DADT), enforceable again. On 21 October 2010, the US Department of Defense changed its discharge-approval process, requiring DADT separation cases to receive higher-level civilian review before a discharge could be finalized. On 1 November 2010, the court replaced the temporary stay with a stay pending appeal, allowing enforcement to continue while the case proceeded. Although US President Barack Obama signed the Don’t Ask, Don’t Tell Repeal Act on 22 December 2010, repeal was not immediate, and DADT remained legally enforceable until certification and final implementation. During this renewed-enforcement period, at least four confirmed DADT discharges occurred. On 6 July 2011, the Ninth Circuit lifted the stay and ordered the government to stop enforcing DADT again, and the Department of Defense said it would comply.

Oct 12, 2010–Oct 20, 2010
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On 12 October 2010, the United States (US) District Court for the Central District of California, in Log Cabin Republicans v. United States, issued a worldwide injunction barring enforcement of the Policy concerning homosexuality in the armed forces, commonly known as Don't Ask, Don't Tell (DADT), ordering the US Department of Defense (DoD) to suspend investigations, discharges, separations, and other proceedings under the law. In response, DoD issued 15 October 2010 guidance allowing openly gay men and lesbian women to apply to join the military, while warning applicants that the legal situation could change if the injunction were stayed or reversed.
Feb 28, 1994–Oct 12, 2010
Don't Ask, Don't Tell under federal United States law
On 28 February 1994, the Policy concerning homosexuality in the armed forces—commonly known as Don't Ask, Don't Tell (DADT)—took effect, allowing gay, lesbian, and bisexual people to serve only if they remained closeted, did not disclose their sexual orientation, did not engage in, attempt to engage in, or solicit another person to engage in prohibited same-sex sexual conduct—except under a narrow exception for conduct found to be a departure from the member’s usual behavior and unlikely to recur—and did not enter, attempt to enter, or claim to be in a same-sex marriage or any similar same-sex union.

Transgender people were excluded separately under United States Department of Defense (DoD)-wide and DoD branch-specific medical and administrative policies rather than under DADT itself.
May 19, 1941–Feb 27, 1994
Illegal under federal United States law
From May 19, 1941 until September 20, 2011, LGB people were banned from enlistment and service in the United States Army, US Coast Guard, US Marine Corps, and US Navy, and, beginning September 18, 1947, in the Air Force. From October 1, 1982, to September 19, 2011, when homosexuality was the sole basis for separation and no aggravating circumstances were present, the characterization of service was determined by the member’s overall record and could be Honorable or General (under honorable conditions), with entry-level cases receiving an uncharacterized separation.

By May 17, 1963, in the United States Army; by 1982, in the United States Air Force; from March 31, 1986, on a U.S. Department of Defense-wide accession basis covering the United States Army, United States Navy, United States Marine Corps, and, by agreement, the United States Coast Guard; by August 12, 2005, in the United States Navy and United States Marine Corps; and by April 29, 2011, in the United States Coast Guard, transgender people were banned from enlistment and service until open service was authorized on June 30, 2016.

By February 22, 1956, in the United States Coast Guard; by February 10, 1961, in the United States Army; by January 11, 1962, in an Air Force-specific accession standard; from March 31, 1986, on a Department of Defense-wide accession basis covering the Army, Navy, Marine Corps, Air Force, and, by agreement, the Coast Guard; and, from December 20, 2019, in the United States Space Force through inherited Air Force and DoD standards, applicants with intersex-related conditions identified in military rules as “hermaphroditism,” and later as “hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis,” were disqualified from accession under military medical standards.

Blood donations by MSMs in Idaho

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Blood donations by MSMs in Idaho is legal.

Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Apr 2, 2020–May 10, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
1983–Dec 20, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in Idaho

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Conversion therapy in Idaho is not banned.

Current status
Not banned
Conversion therapy is not banned in Idaho. House Bill 52, a bill which aimed to ban conversion therapy in certain instances, was introduced on January 27th, 2021. However, the bill did not pass.
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Equal age of consent in Idaho

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Equal age of consent in Idaho is equal.

Current status
Since Jun 26, 2003
Equal
Though it does not explicitly say if LGBTQ parties are in the law, it remains equal for LGBTQ people.