Montana Republican lawmakers in the state’s House of Representatives voted Thursday to pass a controversial bill that would ban transgender people from using restrooms in public buildings that align with their gender identity. The bill, which now heads to the state Senate, passed by a 58-42 party-line vote.
Introduced by Rep. Kerri Seekins-Crowe (R), the bill specifically targets public facilities, including schools, prisons, jails, and domestic violence shelters. It would prevent transgender individuals from using restrooms consistent with their gender identity in these places. Additionally, the legislation allows anyone who encounters a transgender or nonbinary person in a restroom to file a lawsuit against that person or the facility’s administrators, up to two years after the encounter.
Lawmakers Speak Out
During debate, Democratic Reps. Zooey Zephyr and SJ Howell, both transgender, expressed their deep concern about the bill’s potential impact on their lives and the transgender community. Zephyr, who has been a vocal advocate for trans rights, said the bill would exacerbate the challenges already faced by transgender people in Montana. “Trans people walk through the state of Montana afraid enough already,” Zephyr said. “Leave trans people alone. Let me be the woman I’m happy to be. Let me live my life.”
Zephyr’s impassioned plea for understanding was met with little support from Republican lawmakers, who argued that the bill is necessary to protect the privacy and safety of women. Seekins-Crowe, who has previously made inflammatory statements about transgender people, argued that the bill is a response to “cultural trends” threatening women’s rights. She claimed that the legislation would help protect women’s privacy, although there is no evidence to suggest that transgender women pose any threat to cisgender women in public restrooms.
Controversial Arguments for the Bill
In addition to concerns about privacy and safety, some Republican lawmakers presented another argument for the bathroom ban, claiming that certain transgender women—specifically lesbians—should be excluded from women’s restrooms. State Rep. Jedediah Hinkle (R) pointed to a trans woman he knew who was attracted to women, suggesting that her presence in a women’s restroom was somehow inappropriate because of her sexual orientation.
“So we have an individual who is dressing like a woman, changing [their] name to a woman but is also at the same time attracted to women,” Hinkle said during the debate, misunderstanding the concept of lesbianism, which is the sexual attraction between women. Hinkle’s comments seemed to conflate transgender identity with voyeurism, invoking an example of a cisgender male janitor who allegedly misused women’s restrooms in the past. This remark appeared to be a misguided attempt to frame transgender people as potential threats, despite there being no evidence of such behaviors among transgender individuals.
The bill’s supporters argue that it’s vital to safeguard women’s spaces, but critics contend that it unfairly targets transgender people and could lead to increased discrimination and harassment.
Next Steps for the Bill
The bathroom ban bill is not yet law. After passing the House, it must be voted on once again in the state House before moving to the state Senate, where Republicans hold a majority. If the Senate passes the bill, it will be sent to Governor Greg Gianforte, who has yet to publicly state his position on the measure.
In December, Montana lawmakers had already voted down a proposed amendment that would have banned transgender individuals from using appropriate restrooms in the state Capitol. However, the latest bill represents a significant step in a broader trend of anti-trans legislation sweeping several U.S. states.
Backlash and Community Reactions
The bill has sparked widespread backlash from LGBTQ+ advocacy groups, who argue that it is part of a broader effort to roll back trans rights. Montana’s transgender community, along with national civil rights organizations, have condemned the bill, calling it discriminatory and harmful to vulnerable individuals.
“Trans people already face significant barriers in accessing public facilities and services,” said a representative from the Montana LGBTQ+ advocacy group. “This bill will only further marginalize an already vulnerable community and make it harder for transgender people to live their lives safely and authentically.”
As the debate continues in Montana, the outcome of this bill could have wider implications for other states considering similar legislation. Activists vow to continue fighting for transgender rights and protections in Montana and beyond.
