Montana lawmakers cross the aisle to block trans bathroom ban in state capitol

In Montana, U.S.A., this week, lawmakers from both parties joined to oppose a measure aimed at preventing a trans representative from using the women's bathroom at the state Capitol.

The Joint House and Senate Rules Committees held a meeting on Tuesday, where several Republicans joined every Democrat in voting against the proposal.

The proposed rule sought to assign two bathrooms, situated between the House and Senate chambers, as male and female, insisting lawmakers use the bathroom matching their birth sex chromosomes.

Republican Rep. Jerry Schillinger, who introduced the measure, stated in Tuesday’s meeting, “It says what probably shouldn’t need to be said and puts in the rules what probably shouldn’t need to be put in the rules … that the gals’ restroom will be used only by gals and the guys’ restroom will be used only by [guys].”

According to ‘NPR’, the discussion did not explicitly mention names but hinted that the rule targeted Democratic Rep. Zooey Zephyr, elected as the state’s first trans legislator in 2022 and recently re-elected.

This was not the first instance of Montana Republicans singling out Zephyr. In April 2023, she was sanctioned and silenced from floor debates for breaching decorum after asserting that supporting a ban on gender-affirming healthcare for minors would result in having “blood on your hands.” Although this banishment concluded with the 2023 session, she has yet to return since no legislative sessions were held in 2024.

Republican Rep. Jedediah Hinkle, a supporter of the measure, remarked, “Understand that we have one representative right now but in the future, we could have many. This could be an ongoing thing.”

During the nearly 15-minute discussion, where no women participated, lawmakers backing the rule claimed it would protect women’s spaces, whereas opponents questioned its practicality and enforcement.

Critics highlighted that modifications made during the previous legislative session, such as adding locks to nearby bathrooms’ outer doors, had already mitigated concerns. Moreover, two Republican members expressed worries that the proposal would serve as a diversion.

“This particular action will have the effect of making people famous in the national news and will not contribute to the effective conduct of our business,” commented Republican Rep. David Bedey, who reluctantly opposed the bill despite his personal beliefs.

The proposal, requiring a majority from both committees, succeeded in the Senate committee but failed in the House committee with a 10-12 vote. Zephyr expressed her satisfaction on social media.

“I'm happy to see that this proposed ban failed and am grateful for my colleagues — particularly my Republican colleagues — who recognized this as a distraction from the work we were elected to do,” she posted on X. “I'm ready to represent my constituents & look forward to working on behalf of Montana.”

On Tuesday, Hinkle acknowledged the national spotlight on the issue.

“I think it's time that this body addresses this issue now as they are addressing it nationally,” he said.

The Montana measure came shortly after a similar debate emerged at the national level, resulting in a different outcome.

In early November, Democratic Rep.-elect Sarah McBride of Delaware became the first openly trans person elected to Congress.

Subsequently, Republican Rep. Nancy Mace of South Carolina introduced a measure to prevent transgender women from using facilities in the Capitol building that do not correspond with their birth sex. Mace further proposed legislation affecting all federal property facilities.

House Speaker Mike Johnson has not announced a voting plan for these measures. However, he issued a clarification stating that all single-sex facilities in the Capitol and House Office Buildings are “reserved for individuals of that biological sex.”

McBride, like many of her soon-to-be Democratic colleagues, criticised the situation as a distraction but confirmed her intention to follow the outlined rules.

“I'm not here to fight about bathrooms,” tweeted McBride, who will take office in January. “I'm here to fight for Delawareans and to bring down costs facing families.”