HELENA, Mont. – Transgender individuals in Montana are now barred from using bathrooms in public buildings that do not align with their sex assigned at birth. Republican Gov. Greg Gianforte signed the measure into law on Thursday, enforcing new restrictions despite a previous court ruling that deemed similar definitions unconstitutional.
The law mandates separate restroom, changing, and sleeping facilities for men and women in public buildings, including the state Capitol, schools, jails, prisons, libraries, and state-funded domestic violence shelters. It legally defines sex based on chromosomes and reproductive biology, contradicting a judge’s 2024 ruling that rejected that definition.
Under the new restrictions, transgender individuals cannot access facilities that match their gender identity. However, the law does not specify how officials should verify a person’s sex.
Republican Rep. Kerri Seekins-Crowe, the bill’s sponsor, stated that the law aims to preserve safe spaces for women rather than exclude transgender individuals.
Democrats strongly opposed the measure, citing concerns about its impact on daily life, particularly for two transgender and nonbinary lawmakers. Rep. Zooey Zephyr, a Missoula Democrat who was previously silenced by Republican colleagues for her comments in 2023, warned that the law could lead to gender policing and create hostile situations in public spaces.
Additionally, the law allows individuals to sue public facilities that fail to enforce the restrictions. Plaintiffs can seek nominal damages, typically $1, and have their legal fees covered if they win their case.
