In Helena, Montana, a judge has temporarily halted the enforcement of a controversial law that aims to restrict transgender individuals’ access to bathrooms in public facilities. This legislation, recently signed by Republican Governor Greg Gianforte, was challenged on constitutional grounds, leading Montana District Court Judge Shane Vannatta to issue a ruling that supports the challengers’ right to equal protection.
The law’s primary stipulation prohibits individuals from using restrooms in public spaces that don’t correspond with the sex assigned to them at birth. Judge Vannatta remarked that the claimants, who initiated the lawsuit, are likely to succeed and criticized the law for lacking evidence to support its declared goal of safeguarding women’s privacy and safety.
The decision to block the law will stand at least until an April 21st hearing to determine if the temporary block should remain as litigation progresses. Governor Gianforte’s spokesperson, Kaitlin Price, affirmed the administration’s commitment to defending the law, framing it as a measure to ensure the safety and privacy of women and girls. Price characterized the legal attempt to stop the law as an expected move by left-leaning activists.
The American Civil Liberties Union (ACLU) welcomed the judge’s decision, emphasizing it brings significant relief to transgender individuals in Montana. Alex Rate, the ACLU of Montana’s legal director, declared that the legislation fails to meet constitutional scrutiny and is part of ongoing state efforts to marginalize transgender and Two Spirit individuals.
Despite opposition predominantly from Democratic lawmakers, concerned about its implications for two transgender and nonbinary colleagues, Montana’s legislature successfully passed the bill this year. Among the lawmakers affected is Rep. Zooey Zephyr, who faced sanctions from Republican legislators for remarks made during official sessions.
The law mandates separate facilities for men and women in public buildings such as the state Capitol, educational institutions, jails, and state-supported shelters for domestic violence victims. It advocates determining sex based on genetic and biological factors, contravening a recent court ruling that found such definitions unconstitutional.
Republican Rep. Kerri Seekins-Crowe, who sponsored the bill, noted that the judge’s decision was anticipated and appreciated Montana advocates’ efforts to protect women’s spaces. At least twelve other U.S. states have enacted similar bathroom restrictions, primarily aimed at educational facilities. Additionally, many states, Montana included, have passed laws prohibiting gender-affirming treatments for transgender youth and restricting trans girls’ participation in female sports.
The Montana statute further provides a legal route for individuals to sue facilities that fail to restrict bathroom access based on assigned birth sex. Potential legal actions could lead to nominal damages and compel entities to cover the legal costs of successful plaintiffs.