Montana’s House lawmakers have given preliminary approval to a controversial bill mandating bathroom and sleeping area use based on chromosomes and reproductive biology. Following a party-line vote of 58-42, House Bill 121 moves closer to a final vote before heading to the Senate. Critics argue the bill unfairly targets transgender individuals and those with non-traditional gender appearances, while supporters assert it protects women from potential predators.
Rep. Kerri Seekins-Crowe, the bill’s sponsor, stated, “This bill is not about discrimination. It’s about protecting those things that have been eroding these last few years for women.” HB 121 mandates public and certain private facilities to establish separate multi-user restrooms and dormitories for males and females, defined by XX or XY chromosomes and reproductive capabilities.
The bill also includes a clause allowing individuals to sue facilities if encountering a person of the opposite sex in restrooms or changing areas. Critics question the bill’s enforceability, citing challenges in verifying a person’s biological sex and potential legal and financial burdens on local governments.
Rep. Zooey Zephyr highlighted opposition concerns, stating that the bill complicates transgender daily life without enhancing safety. Some Republicans, like Reps. David Bedey and Brad Barker, expressed reservations about enforcement and costs but supported the bill due to potential Senate amendments.
Supporters argue the bill is necessary to deter predators posing as transgender individuals. Rep. Fiona Nave claimed it counters the erosion of social norms, while opponents dismissed these fears as unfounded, suggesting such laws encourage harassment of transgender individuals.
Democrats criticized the measure for overstepping legislative authority, with Rep. SJ Howell emphasizing it targets people rather than harmful behavior. Howell remarked, “Montana values are simple. Love thy neighbor. Mind thy business. This bill does neither.” Similar legislation has passed in over 11 states, backed by national conservative groups like the Alliance Defending Freedom.
As HB 121 advances, it is expected to spark a lengthy Senate committee debate. A fiscal document acknowledges potential costs, though specifics remain uncertain. The financial impact on local school districts could be significant, should the bill become law.
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