HELENA — On Wednesday, House Bill 121 - which would require transgender people to use the bathroom that aligns with their sex at birth - passed a key vote in the Montana House of Representatives. The bill passed second reading 58-42 on a party-line vote.
HB 121 is sponsored by Rep. Kerri Seekins-Crowe, R-Billings. It would require public schools, correctional facilities, other public buildings and domestic violence shelters to designate bathrooms, changing rooms and sleeping areas for either men or women, based on their biological sex at birth, and to “take reasonable steps” to keep the opposite sex out. Someone could then sue those facilities if they failed to take those steps and someone of the opposite sex used the space.
The bill wouldn’t apply to rooms that only one person can use at a time.
Supporters of the bill said it was necessary to protect single-sex spaces for women and children, with some pointing to transgender individuals making women uncomfortable in those spaces.
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“Women should not have to sacrifice their privacy or their safety because of political agendas or cultural trends,” said Seekins-Crowe. “Girls should not feel uncomfortable or afraid to use a restroom or a locker room at school.”
“We as women need to feel safe when we’re in a very vulnerable and intimate place,” Rep. Kathy Love, R-Hamilton. “We’ve all heard about ‘safe spaces’ and we’ve heard quite a bit about that in the last few years. Where is our safe space?”
Opponents of HB 121 said the legislation was an invasion of privacy, discriminatory against transgender individuals and noted the legislation would be difficult if not impossible to enforce.
Rep. Zooey Zephyr, D-Missoula, a transgender woman, said public testimony from the House Judiciary Committee from domestic violence shelters and other institutions noted they had not had any problems and it wasn’t an issue for them.
“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. She further stated, “Trans people walk through the state of Montana afraid enough already and we want to be able to live our lives in peace.”
“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 Rep. SJ Howell, D-Missoula. “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.”
HB 121 will need to pass a third reading before moving to the Montana Senate for debate.
