Montana’s Republican-controlled House advanced a bill on Wednesday that would ban transgender people from using bathrooms in public buildings that do not correspond to their sex assigned at birth.
House Bill 121 appears to specifically target two Montana lawmakers — transgender state Rep. Zooey Zephyr (D) and nonbinary state Rep. SJ Howell (D) — while broadly restricting all transgender people in the state from using restrooms, changing rooms, and sleeping areas in public buildings, schools, prisons, jails, and domestic violence shelters.
“Trans people walk through the state of Montana afraid enough already,” Zephyr said. “Leave trans people alone.”
Zephyr, Montana’s first openly transgender legislator, has been repeatedly targeted by her colleagues since taking office. In April 2023, she was silenced by Republican lawmakers after speaking out against a bill targeting trans youth and was subsequently censured. In December, Montana legislators proposed a rule change aimed specifically at her — similar to the one targeting Delaware Rep. Sarah McBride (D) at the federal level — which sought to bar Zephyr from using women’s restrooms in the state Capitol building. This proposal came shortly after her return from legislative exile.
“To me, this bill clearly targets trans people. It is laid out to make it more difficult for trans-Montanans to exist peacefully in everyday life,” said Zephyr.
House Bill 121 would be one of the most extreme bathroom bans in the U.S., prohibiting transgender people from using restrooms that match their gender identity in places like rest stops, public schools, colleges and universities, libraries, museums, state airports, publicly owned hospitals, parks, and more. Facilities that fail to enforce this restriction could be sued, although plaintiffs would typically only be awarded nominal damages, usually just $1. However, the facility could still be required to cover the plaintiff’s legal fees.
Supporters of the anti-trans bill claim that it is not meant to discriminate against transgender people, but instead protect cisgender women and children from harassment and violence. However, LGBTQ people and their allies have pointed out that the measure imposes unenforceable restrictions on transgender people and anyone perceived as not being “woman enough,” potentially putting all public facility users at risk.
“Let’s be clear, this bill targets people based on their status of being transgender and doesn’t protect anyone,” LGBTQ legislative researcher Allison Chapman told Truthout. “There are existing laws that criminalize the actions that the proponents of the bill claim this bill will prevent.”
Critics have also pointed out that the law could increase property taxes, as the state would need to cover the costs of enforcing the measure and retrofitting more restrooms to be gender-neutral to provide facilities for transgender and nonbinary Montanans.
“We’re told this bill will create more safety and it won’t. If anything it will create more property taxes and less privacy and all in the name of ‘Montana values,’” said Howell. “I think we’ve gotten a little sideways about what Montana values really are. Because Montana values they aren’t complicated, they’re not political, Montana values are simple. ‘Love thy neighbor. Mind thy business.’ This bill does neither.”
A document prepared by legislative staff and executive branch committees lists the known costs as “zero dollars” but notes “potential costs associated with staffing increases, renovations of state facilities, and increased legal exposure.” While the fiscal note states that specific costs to state agencies are “unknown” or “not currently estimable,” it predicts that the financial impact on local school districts could be “significant.”
Republicans advanced the bill with a 58-42 party-line vote despite strong Democratic opposition. The measure now awaits a final House vote before moving to the Republican-controlled state Senate. Montana Republican Gov. Greg Gianforte has a history of supporting legislation targeting transgender people and is likely to sign this anti-trans bill into law if it reaches his desk.
“Transgender people are not a threat and this bill is clearly fueled by hate and transphobia,” said Chapman.
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