HELENA — A bill that would require transgender people in Montana to use the bathroom that aligns with their sex at birth has cleared one of its last legislative hurdles before going to the governor.
On Monday, the Senate endorsed House Bill 121 on a 32-18 party-line vote, with all Republicans in support and all Democrats in opposition. During the debate on the Senate floor, supporters said it was a commonsense measure, but opponents warned of unintended consequences.
(Watch the video to see some of the Senate debate)
House Bill 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.
Republicans argued HB 121 was needed to protect single-sex spaces, particularly for women. They said it would address concerns about violence and harassment in places where women feel especially vulnerable.
“It reinforces protection for women and children and as outlined, specific spaces for their privacy and well-being,” said Sen. John Fuller, R-Kalispell. “And it's about clarity.”
Democrats said transgender people aren’t a threat to women, and that HB 121 would create the same type of discomfort it’s trying to alleviate by requiring transgender men to use women’s bathrooms.
“This is not what the people of Montana need,” said Sen. Cora Neumann, D-Bozeman. “They need you using their money wisely. They need you using our time wisely and voting on things that will actually make their lives better.”
They also argued facilities would have a hard time meeting the requirements of the bill. Sen. Laura Smith, D-Helena, proposed amending the bill to take effect in July instead of immediately when it’s signed into law. She said lawmakers have heard from shelters that say they may have to close if they don’t have more time to get into compliance.
“I don't know why we wouldn't say, ‘Let's hold on, guys, let's give ourselves a second, let’s not harm vulnerable individuals who are in shelters or who are homeless in the middle of Montana winter,’” Smith said.
Smith’s motion to amend the bill failed on a 22-28 vote. Supporters of the bill said they believed concerns about shelter closures were “red herrings.”
“If it's important, the governor can make an amendatory veto at a future date, and I would suggest lobbying him,” said Fuller.
HB 121 passed the House last month. It is scheduled for a final vote in the Senate on Tuesday. Once it passes, it will be on its way to Gov. Greg Gianforte’s desk. The Gianforte administration has already indicated support for the bill, with Lt. Gov. Kristen Juras testifying in favor of it.
