Idaho House Passes Bill Banning All K-12 Instruction on Sexual Orientation, Gender Identity

The Idaho House passed a bill in mid-February that would create a total prohibition on classroom instruction about sexual orientation and gender identity in public schools from kindergarten through 12th grade, with no exceptions for age or developmental stage. The Senate Education Committee has since held the bill, with debate continuing into March.

House Bill 516, sponsored by Rep. Dale Hawkins, R-Fernwood, cleared the House 59-10 on February 17. The legislation targets a single clause in Idaho's existing Parental Rights Act, added by House Bill 352 in 2025, which currently bars classroom instruction on the two topics "or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards." HB 516 strikes that qualifying phrase entirely, leaving an absolute ban with, as KIVI-TV reported, no exemptions or opt-in options of any kind.

Hawkins framed the change as a cleanup of last year's law rather than new policy. Doug Taylor, the conservative lobbyist who helped Hawkins draft HB 352, explained that the "age-appropriate" qualifier was originally written when the bill only applied to K-3 instruction; when lawmakers expanded the prohibition to all of K-12, he said the clause became moot. "Idahoans would have greater clarity about what was and wasn't allowed in public schools," Taylor said of striking the language. Hawkins also pushed back on comparisons to the separate parental opt-in law, House Bill 239, which requires permission slips for instruction on human sexuality. "We're not talking about sex ed, which is the opt in," Hawkins said.

Grace Howat, a policy analyst at the Idaho Family Policy Center, told lawmakers the change was necessary because public schools had been allowing employees to deliver instruction on sexual orientation and gender identity from a "progressive or secular perspective that misleads children." An October report from the Idaho Family Policy Center had already claimed most districts were not complying with HB 352.

Critics warned the bill's breadth goes far beyond its stated purpose. Rep. Chris Mathias, a Democrat representing District 19, called it "an unforced error of epic proportions" and argued it would prevent teachers from discussing current legal cases, including Little vs. Hecox, the federal challenge brought by Lindsey Hecox, a transgender woman and Boise State student, against Idaho's ban on transgender athletes under House Bill 500.

A teacher identified as Watkins offered a more concrete example, describing a visit from The Shakespeare Company to perform Twelfth Night. "The Shakespeare Company performed Twelfth Night for our school last year, and it was an incredible experience for myself and my students," Watkins said. "I foresee that this bill would put a stop to experiences like that." The play's themes of gender disguise and mistaken identity could, under a total ban, expose teachers to liability for hosting such a performance.

Mary Brown, an Idaho resident and mother who spoke during hearings, rejected the bill's premise that the removed language was merely redundant. "I personally don't find the language confusing or redundant," Brown said. "I find it to be an important safeguard that helps ensure discussions happen in ways that are appropriate for students at all different ages."

The Senate Education Committee has held the bill without a scheduled vote. Whether it advances to the full Senate or stalls in committee will determine whether Idaho's classroom instruction rules change in ways that could reach every school district in the state, including those in Kootenai County.