A bill advancing in Montana’s House of Representatives would require transgender people to use public bathrooms that align with their sex assigned at birth rather than their gender identity. The measure passed 58-42 with unanimous Republican support and Democrat opposition.
If approved, the bill would apply to public facilities, including schools, jails and prisons, mandating separate restrooms and changing rooms for males and females. The bill defines sex based on a person’s X and Y chromosomes and their ability to produce eggs or sperm.
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Republican sponsor Rep. Kerri Seekins-Crowe argues that the bill protects women’s privacy in spaces meant to be safe. She says women should not be forced to compromise due to “cultural trends.”
However, opponents of the measure, including two Democratic lawmakers, have strongly criticized the bill. Zooey Zephyr, a transgender representative, called the bill dangerous for trans women. Zephyr pointed to a legal addition allowing individuals to sue if they encounter someone of the opposite sex in a restroom or changing room.
Last month, Zephyr faced a bill that would have prevented her from using the women’s restroom at the Montana Capitol. She said, “Trans people walk through the state of Montana afraid enough already.”
Critics also raised concerns about the potential cost of implementing the bill. They also question how local governments would verify a person’s reproductive makeup.
Before heading to the Republican-controlled Senate, the bill must pass one more vote in the House.
In recent years, similar bills targeting transgender bathroom access have been passed in at least 11 other states. They include Utah, Florida, Alabama and Ohio.