Susan's Place Transgender Resources

Idaho says it can use DNA testing to enforce anti-trans bathroom ban

https://www.advocate.com/politics/states/idaho-dna-trans-bathroom

Jacob Ogles (10 June 2026)

Idaho state officials told a federal judge they can test bathroom users to DNA if necessary to enforce a law segregating stalls by gender.

Idaho's strict anti-trans law requires people to use public restrooms and changing facilities that correspond with the sex they were assigned at birth. When attorneys for plaintiffs challenging the law noted that many transgender people have state-issued IDs reflecting their gender identity, U.S. District Judge Amanda Brailsford questioned how exactly the state would enforce the statute, according to the Idaho Capital Sun.

Idaho Solicitor General Michael Zarian told the judge enforcement should be straightforward "because there is DNA testing." But that suggestion raises significant questions about privacy rights and what level of suspicion would be required before Idaho authorities could demand that someone submit to genetic testing — a tool more commonly associated with investigating serious crimes such as rape and murder.

... Kell Olson, an attorney for Lambda Legal and a transgender man, said such testing would ordinarily require a warrant issued by a judge. Olson noted that his own state ID lists his sex as male and argued that the law's impact would be felt by transgender people in routine, everyday situations.

"If I just go to a restaurant with my family and want to wash my hands before dinner, this law comes into play. Now I have to stop and decide, do I — if this law is in effect — do I go into the restroom that is illegal now, the men's room?" Olson told reporters after the hearing. "Or do I walk into the women's room and take all of the risk that that now comes with, whether that's assault or harassment, or someone calling the police, because now it looks like I'm violating the law?"

Do they let you pee while waiting for your test results?

No DNA tests were performed at the time of my birth, so there is no record to compare it to. What my DNA is now is not necessarily what it was 68 years ago. Prove it didn't change over time.

Quote from: Lori Dee on Yesterday at 06:24:24 PMDo they let you pee while waiting for your test results?

No DNA tests were performed at the time of my birth, so there is no record to compare it to. What my DNA is now is not necessarily what it was 68 years ago. Prove it didn't change over time.

Objectively though, it's not possible for DNA to change. There is definite debate on what DNA markers can consistently determine male or female on a binary scale but regardless, your DNA is fixed as far as I know.

Quote from: Jillian-TG on Yesterday at 06:32:19 PMObjectively though, it's not possible for DNA to change. There is definite debate on what DNA markers can consistently determine male or female on a binary scale but regardless, your DNA is fixed as far as I know.

That's true. But I would be amused making lawyers try to prove it in court, then claim the test was flawed, and make them prove it wasn't. Force them to spend a lot of time and money just to stop me from washing my hands.

🤣

Like the movie, From the Hip, where he drags out a court case for 3 days over one word.

DNA doesn't change, but it does not necessarily correspond to sex assigned at birth.  There are plenty of cisgender women with XY chromosomes, and some cisgender men with XX chromosomes.  The Olympics started doing DNA testing back in the 1960s, when it was suspected that East Germany was entering trans male athletes in women's events.  They quietly stopped DNA testing when too many cisgender people were getting uncomfortable surprises from their DNA results.