In the state of Montana, new legislation has been enacted, prohibiting transgender individuals from using bathrooms in public buildings if they do not match the sex assigned to them at birth. The decision comes as Republican Governor Greg Gianforte signed these restrictions into law.
The law took effect immediately upon being signed and applies to various public facilities, including the state Capitol, educational institutions, correctional facilities, libraries, and state-funded shelters for domestic violence victims. It mandates that separate spaces must be designated for men and women, basing the definition of sexes on chromosomes and reproductive biology. This action occurred despite a district court ruling earlier this year declaring such definitions to be unconstitutional.
Within hours of the law being signed, the American Civil Liberties Union (ACLU) of Montana initiated legal action, challenging the law and requesting a state judge in Missoula to prevent the enforcement by Governor Gianforte and Montana Attorney General Austin Knudsen.
The new legislation asserts the existence of only two sexes, male and female, which contradicts a 2024 ruling that invalidated similar definitions. Consequently, the law bars transgender individuals from using restrooms, changing rooms, or sleeping areas that correspond with their gender identity. It leaves the implementation vague, offering no guidance on how public facility managers should verify a person’s sex.
Kerri Seekins-Crowe, the Republican lawmaker who sponsored the bill, contends that the legislation is not intended to exclude anyone but is designed to maintain secure spaces for women. Under this new rule, a transgender man who has undergone medical transition and exhibits masculine traits like facial hair or a deeper voice is required to use facilities designated for women.
This measure was quickly passed by Republican legislators, even as Democratic lawmakers voiced concerns about the difficulties it could pose for two colleagues who are transgender and nonbinary. Among those opposing it was Representative Zooey Zephyr, a Democrat from Missoula, who had been previously silenced and penalized by Republican counterparts for remarks made in the House chamber in 2023. Zephyr warned that such legislation might encourage people to scrutinize others’ gender in public settings, potentially leading to hostile encounters.
The law also includes a provision allowing individuals to sue a facility for failing to prevent transgender people from using a particular restroom or changing room. Successful plaintiffs could recover nominal damages, typically amounting to $1, along with the facility being liable for their legal expenses.