Montana Legislature Requires Public Bathroom Use Determined By Birth Sex

HELENA, Montana — Sen. John Fuller, R-Kalispell, opened discussion about House Bill 121 on Monday at the Montana Legislature, insisting the proposed law will better protect the privacy of women and girls in Montana’s public bathrooms and dressing rooms. 

In a jab at Montana’s transgender community, Fuller said, “Reality is not paying any attention to your wishes, likes or dislikes.” Fuller then urged the Montana Senate to pass HB 121, which it eventually did, 32-18 on a party-line vote, sending it to the governor’s desk for his signature. 

During floor debate, Montana Senate Democrats urged compassion for all current residents of domestic violence and homeless shelters, because HB 121 calls for immediate enforcement. Democrats suggested the new far-reaching bathroom, changing room and sleeping area rules will force shelters to close because they are not set up to keep genders divided as required by HB 121.

Gov. Greg Gianforte is expected to sign HB 121, which will require public spaces to provide separate multi-user areas where everyone is segregated by their chromosomes and reproductive biology. 

HB 121 reads, “The sexes are determined by the biological and genetic indication… without regard to an individual psychological, behavioral, social, chosen, or subjective experience of gender."

As for those experiencing homelessness, Sen. Laura Smith, D-Helena, worried the immediate enforcement of this law will cause shelters to close in the dead of winter. 

“That’s something I personally can't stand by and agree to,” said Smith, noting the sub-zero temperatures outside and offering an amendment to extend the start of enforcement until July.

Fuller fired back, “This is a serious subject demanding of our attention immediately.”

Dismissing Smith’s concerns as “disingenuous,” Fuller accused her of “throwing a red herring” into the debate. 

Where’s The Real Danger?

Monday’s vote on HB 121 divided legislators over where they perceive real danger lurking - when it comes to Montana’s bathrooms, changing rooms and sleeping areas. 

The new rules direct transgender women to the men’s bathroom and transgender men into the women’s bathroom. 

Sen. Cora Neumann, D-Helena, predicted that by forcing trans Montanans to use the restroom that matches their chromosomes, HB 121 will increase uneasiness. 

“I just want to remind everyone what this bill actually does,” said Neumann. “It is asking trans men with beards to go into bathrooms with women and girls. Think about how uncomfortable that is.”

“You are actually passing a law that will put people in a more uncomfortable space and will put people at higher risk,” said Neumann, who alluded to the potential danger of male predators pretending to be trans men as a way to enter women’s bathrooms. 

Sen. Barry Usher, R-Billings, countered with his own set of concerning scenarios.

“I've heard some stories that were pretty traumatizing to some of those girls that were forced to change in the same room as someone that had other sexual parts, and they were traumatized to this day,” Usher said.

In addition to locker rooms, Usher sounded the alarm about “sleeping quarters.”

“I remember hearing some stories about going on trips out of town, school trips, and there being assigned rooms, and all of a sudden they realize that they're being assigned to a room with someone who just identifies as the same sex as them,” said Usher. “Had they known that in advance, they probably wouldn't have gone on that trip.”

Who Is On The Lookout? 

During committee testimony in January on HB 121, Rep. SJ Howell, D-Missoula, who is one of two Montana legislators who identify as trans, quizzed the bill’s sponsor Rep. Kerri Seekins-Crowe, R-Billings. 

Howell wanted to know about potential applications of HB 121 and who would be stuck enforcing it. 

“Let's say a women's room at the public library, and they encounter somebody that they believe is the opposite sex and they feel that they've been injured by that encounter,” said Howell, describing a hypothetical scene. “Are you envisioning cameras in the bathroom, guards at all times, checks at the door?”

Seekins-Crowe didn’t have a clear answer because the exact enforcement mechanism for the new rules remains unclear. 

Support for HB 121, according to its sponsor, Fuller, is widespread. Fuller closed his testimony before the Senate with a series of declarations about the new law.

“It is grounded in respect for science, longstanding cultural norms and the voices of parents, students, community members across our state,” said Fuller. “It is the right thing to do.”

David Madison can be reached at david@cowboystatedaily.com.