State lawmakers have rekindled a contentious debate over transgender female athletes’ rights in Montana’s K-12 public schools. A proposal aims to restrict locker room, bathroom, and sports team access to cisgender females. This follows a nationwide trend led by Republicans to limit transgender women’s participation in sports, resulting in a formal ban by the NCAA. Proponents argue these measures protect women’s sports, while critics view them as discriminatory attacks on vulnerable youth.
House Bill 300 is backed by Republican Gov. Greg Gianforte and GOP state Superintendent Susie Hedalen, among others. Hedalen claimed the bill safeguards young women’s athletic opportunities. Opponents, including the ACLU of Montana and Bridgercare, argue it violates individual rights and privacy. Passing the House on party lines, the bill awaits a Senate committee hearing.
Concerns arose among lawmakers regarding past court decisions against similar laws. House Bill 112 faced Montana Supreme Court’s rejection for infringing on university autonomy. The Alliance Defending Freedom argued HB 300 modifies existing anti-discrimination laws without creating new ones. Discussions also covered a Missoula court ruling on House Bill 458, which defined sex as male or female in state law, with critics viewing HB 300 as extending this binary stance.
Alex Rate of ACLU Montana emphasized constitutional protections over state statutes, warning that laws discriminating against transgender individuals face strict judicial scrutiny. The shifting federal anti-discrimination laws under Title IX further complicate the debate. An executive order by President Trump barred transgender women from women’s sports teams, prompting the U.S. Department of Education to urge the NCAA to revoke past titles and awards from transgender athletes.
Rep. Kerri Seekins-Crowe, R-Billings, the bill’s sponsor, argues HB 300 aligns Montana schools with the latest federal Title IX interpretation. She believes it protects female athletes’ access and opportunities, and acknowledges the opposing views on the issue’s truth. With the bill set to debut in the Senate, Seekins-Crowe expressed confidence it will proceed to Gov. Gianforte’s desk, noting the successful passage of another House Bill 121, mandating sex-segregated facilities.
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