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The Idaho Constitution strictly prohibits public funds for religious schooling

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The Idaho Constitution strictly prohibits public funds for religious schooling


Legislators who insist on using taxpayer money to pay for private schooling consistently claim that their so-called “school choice” schemes would not violate the Idaho Constitution by making public funds available for religious education. They are dead wrong. Article IX, Section 5 of that revered document, sometimes called the “Blaine Amendment,” emphatically states that no public funds shall ever be used “to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church.”

Some people, who simply don’t know what they are talking about, falsely claim the Blaine Amendment has been overruled by the United States Supreme Court. Quite to the contrary, the Supreme Court has decided two cases dealing with the Blaine Amendment and neither has overruled it. In the latest case, Carson v. Makin, Chief Justice John Roberts wrote: “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

What the Court was saying is that if, and only if, a state establishes a program to provide taxpayer money for private schooling, it must also provide program money for religious schooling. Some politicians are trying, for the first time in Idaho history, to force Idaho taxpayers to pay for private schooling, which would then open the back door to require that taxpayers also pay for religious schooling. So-called “school choice” legislation is a workaround to evade and subvert the Constitution. Whether the use of public funds for private schooling is–by means of a tax credit or school voucher or some other form–it is still a raid on the public treasury in violation of the Blaine Amendment.

A dispute over the Blaine Amendment arose during a candidate forum held by the Greater Idaho Falls Chamber of Commerce last month. Representative Wendy Horman, a strong advocate of using taxpayer money to pay for private education, claimed the Blaine Amendment had been voided by the Supreme Court. Representative Stephanie Mickelsen correctly responded that it is still the law of Idaho. She said, “When you take public tax dollars, and you give them to parochial and private schools,” there is no accountability for the spending. She pointed out that school choice schemes have become budget busters for many, many states.

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No matter what you call a school choice plan, it is still a violation of the Idaho Constitution if it results in public money being used for religious instruction. The Legislature has consistently violated its constitutional obligation to adequately fund the public school system, both for instructional purposes and for construction and maintenance of school buildings. Thanks to the good work of pro-education legislators, progress was made this year in addressing both deficiencies. This is not the time to require taxpayers to shoulder the additional burden of financing private and religious schooling.

It should not go unnoticed that one of the most vociferous interest groups pushing for school choice programs is the Idaho Freedom Foundation (IFF). That organization is dedicated to the proposition that the State has no business educating our kids. The IFF’s avowed plan is to do away with public schools. A school choice plan would certainly be a big step in that direction.

Other powerful out-of-state interests have spent heavily to force budget-busting school choice programs on the Gem State. Idaho Business for Education recently disclosed that a Texas-based organization, American Federation for Children (ADF), together with two other dark-money interest groups, spent a total of $134,148 unsuccessfully promoting school choice during this legislative session. ADF has vowed to defeat legislators who opposed these schemes and is rewarding those who bent to its will. Voters should take heed and vote for those like Mickelsen who support our Constitution.



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Idaho bill aims to criminalize transgender bathroom use in private businesses

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Idaho bill aims to criminalize transgender bathroom use in private businesses


BOISE, Idaho (AP) — Idaho lawmakers are considering a bill that would make it a crime for transgender people to use the bathroom that matches their gender identity — even inside privately owned businesses.

At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms that align with their gender in schools and, in some cases, other public places. The LGBTQ+ advocacy organization Movement Advancement Project’s tracking of the laws shows that three other states — Florida, Kansas and Utah — have made it a criminal offense in some circumstances to violate the bathroom laws.

READ MORE: Ohio Gov. DeWine signs bill restricting transgender students’ use of bathrooms

But none of the others apply as broadly to private businesses as the Idaho bill, which covers any “place of public accommodation,” meaning any business or facility that serves the public. The state’s Republican supermajority Senate is expected to vote on the bill this week, deciding whether to send it to Gov. Brad Little’s desk.

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Felony bathroom use?

If the law is passed, anyone who enters a public facility like a bathroom or locker room designated for the opposite sex could be sentenced to a year in jail for a misdemeanor first offense, or up to five years in prison for a felony second offense. That’s a longer sentence than Idaho imposes for a first drunken driving conviction or for displaying offensive sexual material in public.

Protecting those spaces is a “matter of safety” and “decency,” said Republican Sen. Ben Toews told a Senate committee last week.

“Private spaces such as restrooms, changing areas and showers are sex-separated for a reason,” Toews said. “Individuals in these vulnerable settings have a reasonable expectation of privacy and security.”

The bill does carve out several exceptions. Athletic coaches, people responding to emergencies, people supervising inmates, custodians, and people helping children who need bathroom assistance get a pass. So does someone who is “in dire need” of a bathroom, if the bathroom they use is the only one that is reasonably available at the time.

Law enforcement groups say it’s a bad bill

Law enforcement groups including the Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association oppose the bill, which they say would place officers in impossible positions, tasking them with visually determining someone’s biological sex or their level of “dire need.” The Idaho Sheriff’s Association asked lawmakers to require that people first ask any suspected violator to leave the bathroom before calling authorities, but lawmakers refused.

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Heron Greenesmith, deputy policy director at Transgender Law Center, said the “dire need” exception could be especially hard to assert — and that the idea that a person can use a public restroom only in an emergency is dehumanizing.

“How does one prove that one was going to poop on the floor?” they asked.

Opponents fear vigilantism

John Bueno, a transgender student at the University of Idaho and a member of the student group Queer Inclusion Society, said the school has lots of single-use restrooms, which helps mitigate the logistical impacts of the bill. But the legislation would likely lead to more unwanted “profiling” of people, whether they are transgender or not, she said.

“It’s this cultural attitude of getting other Americans to habitually be narcing on one other and doing this sort of ‘transvestigating’ — that is what these kinds of bills promote,” Bueno said.

It all comes down to an effort to disenfranchise transgender people, Bueno said.

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“This will increasingly deter queer individuals from Idaho universities and the state as a whole,” she said. “Which to be fair, is probably the primary purpose.”

Bill could impact employment opportunities

Nikson Matthews, a transgender man with a beard, told a panel of lawmakers last week that the bill would force him into the women’s restroom, where his masculine appearance puts him at risk of aggression from people who think he’s intruding.

“It creates a crime — but that is not based on conduct or harm,” Matthews said. “It is based on presence, and to justify that you have to accept that someone’s presence alone is traumatizing and harmful enough to criminalize.”

It could also make it difficult for transgender people to work, said Boise resident Laura Volgert.

“People might be able to hold it for an hour if they’re at a restaurant for lunch or at a grocery store,” she told lawmakers during a committee hearing. “They can’t be expected to hold it for a full eight-hour shift.”

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That’s the point of these types of laws, said Greenesmith, to “make it untenable to go to the movies, to go to the doctor, to go to the bank.”

Proponents say that isn’t the case.

Proponents say safety and privacy is key

Suzanne Tabert, a Sandpoint resident, said the bill is about “maintaining, clear, enforceable boundaries” so that women and children can feel safe.

“If we lose the ability to protect based on biological sex, we lose our most effective tool for preventing harassment, voyeurism and other sex crimes before they occur,” she said.

She later continued, “This legislation is not about how an individual identifies, nor does it seek to target or malign the transgender community. Rather it upholds a universal standard of privacy.”

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Bathrooms are not the only place where lawmakers have been placing restrictions on transgender people in the name of protecting women and girls. At least 25 states bar transgender women and girls from some women’s and girl’s sports competitions. And at least 27 states have laws restricting or banning gender-affirming care for minors.

Expanding all of these policies are priorities for President Donald Trump, too.

The only widely reported arrest of someone on charges of violating transgender bathroom restrictions was part of a protest in Florida last year.

Mulvihill reported from Haddonfield, New Jersey.

A free press is a cornerstone of a healthy democracy.

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Support trusted journalism and civil dialogue.




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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho

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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho


CANYON COUNTY, Idaho — Two new laws aimed at expanding protections for Idaho children were signed Wednesday morning at the Statehouse, a milestone for families who have turned heartbreak into advocacy.

Back in January, adoptive mother Monique Peyre came to Idaho News 6 heartbroken after a 12-day-old baby boy, Benji, died in Nampa. Peyre, who had previously adopted Benji’s siblings, became a driving force behind legislation designed to better protect vulnerable children across the state.

RELATED | ‘Please put eyes on this baby’: Adoptive and foster mothers’ warnings before Nampa baby’s death

On Wednesday, Governor Brad Little signed Isaiah’s Law and the Foster Child Safety Act into law. Peyre’s advocacy was central to both bills, which aim to strengthen child welfare protections and provide clearer guidance to courts and caseworkers.

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“It feels very, very surreal to get to this day just because I adopted them [Benji’s siblings] about a year ago, April 3rd, and I just never thought it would happen this quickly,” Peyre said.

Isaiah’s Law, or Senate Bill 1257, inspired by Peyre’s adopted son, Isaiah, strengthens protections for foster children during parental visitations.

“Today’s bills reflect a continued commitment to strengthening the system from multiple angles, protecting children and clearly defining their rights,” Governor Little said.

WATCH: Families come together for child protection law signings

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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho

For Peyre, seeing the bill signed was a way to turn personal tragedy into hope for others.

“It makes their pain and what they went through and the hardship of all of it worth something,” she said. “It kind of brings closure to their story.”

For Isaiah, the day brought a sense of comfort and security. “I feel… comfortable and safe,” Isaiah said.

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Peyre also emphasized the importance of persistence in advocacy, encouraging others to take action.

RELATED | Nampa remembers Benji as legislation protecting vulnerable children advances

“I wanna say like the biggest thing was just to start emailing and reaching out to people, and you never know. It really does go a long way,” she said.

The Foster Child Safety Act also received the governor’s signature today. This bill updates Idaho’s child welfare policies, giving caseworkers and courts clearer guidance to keep children safe and ensure their well-being remains the top priority.

The last bill in Peyre’s legislative push, Benji’s Law (House Bill 776), is still awaiting a hearing in the Senate. The legislation aims to ensure quicker responses from authorities and remove judgment calls that could delay child safety interventions.

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“All we’re asking for is a quicker response and no judgment call—just look and see if those are the guidelines that this baby falls under and go check on that baby sooner rather than later,” Peyre said.

For Isaiah, the moment was an accomplishment, but he hopes for a day when he can meet his baby brother Benji in heaven.

“I really want to achieve… a day that I get to see… seeing my little, I mean my baby brother that is… is in heaven,” Isaiah said.

RELATED | Idaho lawmakers advance bill requiring faster checks on at-risk babies

Benji’s Law is still making its way through the Statehouse, but supporters are hopeful it will also be signed into law by the end of the session.

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For Canyon County happenings, news, and more— join our Facebook Group: 2C Neighborhood News – Nampa, Caldwell, Middleton

This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

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Cases of HIV Are ‘Surging’ in Idaho; Here’s What You Need to Know

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Cases of HIV Are ‘Surging’ in Idaho; Here’s What You Need to Know


Local health authorities in Idaho, particularly those in Eastern and Southeastern Idaho, are reaching out to the public about an increase in HIV cases. The increase which is being called more of a ‘surge’, by local health officials, is cause for concern in Idaho and is serving as a stark reminder to be in touch — and proactive — with your health.

Numbers of cases are outpacing not only last year–but the last FIVE years.

In the first three months of 2026, there have been seven new cases and diagnosis of HIV. That is how many the area has seen in a year over the past five years.

Contracting these diseases is no joke–and safety is key. Idahoans are urged to practice safe sex not just amid the uptick–but all of the time. Officials also encourage frequent testing as needed, following sexual activity with new partners.

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Reaching out to the public is the Eastern Idaho Public Health Department, which serves Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton Counties.

According to the World Health Organization–there are signs and symptoms of HIV, but they vary depending on the stage of infection.

HIV spreads more easily  after a person is infected. In the first few weeks after being infected there is a chance that some may not experience symptoms at all. Others may have an flu-like illness including:

  • fever
  • headache
  • rash
  • sore throat.

As the immune system is progressively weakened, other signs and symptoms include:

  • swollen lymph nodes
  • weight loss
  • fever
  • diarrhea
  • cough.

And finally, if one is to go without treatment, those living with HIV infection can also develop severe illnesses:

  • tuberculosis (TB)
  • cryptococcal meningitis
  • severe bacterial infections
  • cancers such as lymphomas and Kaposi’s sarcoma.

 

Not to scare anyone–but these infections are serious.

Learn more, HERE.

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Four Idaho Hospitals Achieve Impressive ‘A’ Patient Safety Ranking for Fall 2025

Leapfrog just updated their patient safety ratings for Idaho’s 14 hospitals for Fall 2025. These four facilities are this year’s top performers.

Gallery Credit: Michelle Heart

Newsweek’s Top 7 Hospitals in Idaho for 2025

Newsweek evaluated four different pillars to rank America’s Top 700 hospitals. Idaho had seven different facilities make the list for excellent care in 2025.

Gallery Credit: Michelle Heart





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