On Wednesday, the House of Representatives in Montana, which is led by Republicans, approved a bill that would prohibit transgender individuals from using bathrooms in public facilities that do not correspond with their sex assigned at birth. This legislation could pose additional challenges for two representatives who are part of the transgender community themselves.
This decision follows a prior rejection by Montana legislators of a more targeted rule aimed at excluding transgender Representative Zooey Zephyr from women’s restrooms within the state Capitol shortly after her return from a period of legislative exclusion.
Representative Zephyr and her nonbinary colleague, Representative SJ Howell, implored their Republican peers to turn down the proposal and to avoid branding transgender individuals as risks to women without empirical evidence backing such assertions.
Various other states already have implemented versions of restroom bans, particularly in schools, while an increasing number of states, including Montana, have passed legislation to prohibit gender-affirming healthcare for transgender youth and to exclude trans girls from participating in girls’ sports.
“Trans individuals navigate the state of Montana burdened with enough fear already,” stated Zephyr. “Allow trans individuals the freedom to live authentically. Permit me to embrace my identity as a woman and enjoy my life without these restrictions.”
The bill’s sponsor, Republican Rep. Kerri Seekins-Crowe, contended that the intention of the legislation is not to be exclusionary, but rather to ensure safety and uphold privacy for women.
“Women should not have to compromise their privacy or sense of security due to fleeting cultural norms,” Seekins-Crowe expressed.
In a strictly party-line vote of 58-42, the bill was passed over significant opposition from Democratic members. It will require one final vote in the House before moving on to the state Senate, also controlled by Republicans.
Montana’s Republican Governor Greg Gianforte has shown support for prior legislation targeting transgender individuals in the state.
This new bill would restrict transgender individuals from using restrooms, changing facilities, and sleeping quarters in public buildings, including schools, correctional institutions, and shelters for domestic violence survivors.
Individuals could file lawsuits against facilities that fail to prevent transgender access to specific bathrooms or changing areas; however, plaintiffs could only seek minimal damages, generally around $1. The facility may also be mandated to cover the legal expenses incurred by the plaintiff.
Zephyr cautioned that the legal aspects of the bill might encourage confrontations with individuals who do not seem “woman enough,” posing potential safety risks for everyone using public spaces.
Zephyr, representing Missoula, marked her awaited return to the House floor earlier this month, nearly two years after Republican colleagues had silenced and penalized her. She last spoke in the chamber in April 2023, when she refused to retract comments implying that some lawmakers would bear responsibility for supporting the state’s ban on gender-affirming healthcare for minors, a ruling currently on hold by the courts.
Following her reelection in November, Zephyr’s period of exile formally concluded with the adjournment of the 2023 legislative session, although the legislature had not convened the previous year.
The Montana legislation mirrors actions in Congress after the election of Delaware Representative Sarah McBride, the first trans member. This month, House Speaker Mike Johnson quietly reinstated a rule he initially endorsed that prevents McBride from accessing women’s restrooms near the House chamber.
Some Montana Republicans, like state Rep. Brad Barker of Red Lodge, supported the bill despite having potential reservations, hoping these issues would be resolved in the Senate.
“I am concerned about certain aspects of this bill that could inadvertently make women feel less secure,” Barker said. “I also worry about the practical enforceability of the law and potential liabilities.”
Howell, also from Missoula, argued that the legislation would compromise privacy while imposing greater property tax burdens as the state would need to adapt facilities for enforcement and create more gender-neutral options.
“I believe we may have strayed from what truly constitutes Montana values—such as the principles of loving thy neighbor and minding one’s own affairs,” Howell remarked. “This bill fails to align with those values.”
