Last week, as part of the 2025 legislative session, Governor Greg Gianforte signed into law two bills affecting the transgender community in Montana.
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House Bills 121 and 300 restrict transgender Montanans’ access to public restrooms, locker rooms, and participation on sports teams.
Gianforte said, “I don’t think men should be in women’s bathrooms or on women’s sports teams.”
As of March 27, 2025, Montanans are now required by law to use the bathroom that aligns with their gender assigned at birth.
Republican Rep. Kerri Seekins-Crowe of HD 39 in Billings sponsored both of these bills.
“Having male bodies in our restrooms, in our sports, in our prisons, that is stripping women of their rights and stripping them of the ability to be in safe spaces,” Rep. Seekins-Crowe said.
To this point, the American Civil Liberties Union (ACLU) of Montana are against HB 121, saying these bills are an attempt to marginalize and discriminate against transgender Montanans.
“Trans Montanans have been using the restrooms and public facilities that correspond with their gender identity for decades without any problem,” said Alex Rate, legal director for the ACLU. “What 121 does now is it forces trans Montanans to out themselves by using the public facility or bathroom that does not correspond with their gender identity.”
In a news release Thursday, following the passing of these two bills, Gianforte said, “I am proud to safeguard privacy and security for women and girls. We’re maintaining equal opportunity for all Americans, while also protecting women and girls and their right to safe and separate facilities and activities.”
The ACLU filed an immediate lawsuit against HB 121, as it took immediate effect following being signed into law.
Rate said HB 121 is their first priority, as they have more time to fight HB 300 with it not set to take effect until October 1st.
“The passage and signature on House Bill 121 was a five-alarm fire that warranted emergency litigation,” said Rate.
Rep. Seekins-Crowe said, “We were expecting a lawsuit immediately on this, and they told us they were going to sue. But that doesn’t mean that we stop fighting, because there’s a lot of things that are going on. Montanans do want to protect women, that is something that the polls do show.”
MTN will keep you updated as we learn more.
