A state district court judge in Missoula blocked a recent law mandating sex-specific use of bathrooms and similar facilities, preventing public and some private entities from being sued for non-compliance. House Bill 121, signed by Republican Gov. Greg Gianforte, aims to protect women and girls from privacy invasions, according to its supporters. However, critics argue it forces transgender and intersex individuals to use facilities against their gender identity, discouraging their public presence.
Enacted immediately upon signing, HB 121’s impact extends to public locations like libraries, schools, jails, and domestic violence shelters. It parallels another law on transgender students’ sports participation, effective in October. The ACLU of Montana’s lawsuit, filed the same day of signing, challenges this bill’s constitutionality, citing violations of rights like equal protection and privacy.
Judge Shane A. Vannatta’s order reflects concern over potential threats to Montana’s constitutional rights, noting the plaintiffs’ likelihood of success. The ACLU’s complaint highlights the bill’s demand for facility use based on biology rather than gender identity, impacting employment and public space access. “The state’s repeated attacks on transgender Montanans continue to fail constitutional scrutiny,” stated ACLU legal director Alex Rate.
While the temporary restraining order halts enforcement by Gianforte and Attorney General Austin Knudsen, a hearing is set for April 21 to discuss preliminary injunctions. Gov. Gianforte’s spokesperson deemed the bill “common sense,” arguing it safeguards women’s privacy and safety. Rep. Kerri Seekins-Crowe, who sponsored the legislation, affirmed the bill’s intent, positioning Montana at the core of a national discussion.
—
Read More Montana News
