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

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.Related: The Idaho legislature isn’t governing. It’s hunting transgender peopleZarian went on to tell the judge that a person would not necessarily need to consent before such testing could occur, though he said he doubted anyone would be expected to submit to testing on the spot.But 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 ca