Montana’s Republican-controlled House on Wednesday endorsed a ban on transgender people using bathrooms in public buildings that do not align with their sex assigned at birth — a change that would complicate daily life for two fellow lawmakers.
The endorsement comes a month after Montana lawmakers rejected a more narrow rule that would have kept transgender Rep. Zooey Zephyr out of women’s restrooms in the state Capitol on the heels of her return from a legislative exile.
Zephyr and nonbinary Rep. SJ Howell pleaded with their GOP colleagues to reject the proposal and to stop labeling trans people as a threat to women without evidence supporting the claim.
A dozen other states already have variations of bathroom bans on the books, many directed at school facilities. Even more states, including Montana, have passed laws to ban gender-affirming health care for trans youth and keep trans girls out of girls sports.
“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.”
Rep. Kerri Seekins-Crowe, a Republican sponsoring the bill, insisted that it’s not meant to be exclusionary but to preserve safe spaces for women.
“Women should not have to sacrifice their privacy or safety because of cultural trends,” she said.
Republicans pushed through the bill in a 58-42 party-line vote over strong Democratic opposition. The measure faces a final House vote before it heads to the GOP-controlled state Senate.
Under the bill, trans people could not use restrooms, changing rooms and sleeping areas that align with their gender identity in public buildings, schools, prisons, jails and programs for domestic violence victims.
People could sue a facility for not preventing transgender people from using a restroom or changing room that aligns with their general identity. But they could recover only nominal damages, generally $1. The entity could be required to pay the plaintiff’s legal fees, though.