Transgender Montanans are facing a new wave of legal restrictions after Governor Greg Gianforte signed House Bill 121 into law on Thursday, effectively banning transgender people from using bathrooms, locker rooms, and sleeping areas in public buildings that align with their gender identity.
A New Law, An Immediate Backlash
The new law, which takes effect immediately, mandates that all public buildings—including schools, libraries, jails, prisons, domestic violence shelters, and even the State Capitol—designate facilities based strictly on sex assigned at birth. Under this definition, which references chromosomes and reproductive anatomy, there is no legal recognition of gender identity or transition status.
The law does not specify how public employees are expected to determine a person’s sex, but it does allow individuals to sue public institutions that fail to enforce the rules. Plaintiffs can collect nominal damages and recover legal fees, creating what advocates fear could lead to surveillance and harassment of transgender people in public spaces.
The American Civil Liberties Union of Montana filed a legal challenge within hours of the bill’s signing, arguing that HB 121 violates the state constitution’s guarantees of privacy, dignity, and equal protection. The lawsuit, filed in Missoula County District Court on behalf of five plaintiffs, seeks a preliminary injunction to halt enforcement of the law.
“This law is not only discriminatory—it’s dangerous,” said Akilah Lane, staff attorney at the ACLU of Montana. “It puts transgender people at risk of public humiliation, exclusion, and even violence. No one should have to fear using a restroom.”
What the Law Actually Does
Governor Gianforte, a Republican, defended the law as necessary to “safeguard privacy and security for women and girls,” echoing talking points used in similar legislation nationwide. In a statement, he declared, “A man shouldn’t be in a women’s restroom, shouldn’t be in a women’s shower room, and shouldn’t be housed in a women’s prison.”
However, critics note that the law forces transgender men—some of whom have fully medically transitioned—to use women’s facilities, which could create exactly the kind of discomfort and risk the law claims to prevent. For many transgender Montanans, the consequences are deeply personal.
“I’ve spent years working to feel safe in my own skin,” said Levi Morgan, a transgender man from Bozeman. “Now I’m supposed to walk into a women’s restroom with a beard and a deep voice? That’s not safety. That’s a setup.”
Democratic lawmakers, including transgender and nonbinary representatives, spoke out forcefully against HB 121 during its rapid passage through the Republican-majority legislature. Rep. Zooey Zephyr (D-Missoula), who was silenced by Republican leadership in 2023 after speaking out against anti-trans healthcare bans, warned that this new law would lead to “increased policing of gender in public,” potentially creating unsafe conditions for everyone, not just trans people.
HB 121’s sponsor, Rep. Kerri Seekins-Crowe (R-Billings), insisted the law was not meant to be exclusionary but rather to “preserve safe spaces for women.” Opponents argue that this rationale ignores the lived realities of transgender people who are simply trying to use the restroom without incident.
The law’s vague enforcement language leaves many questions unanswered. Who is responsible for policing gender in a public library? How will schools “take reasonable steps” to prevent students from using restrooms that align with their gender identity? Critics say these questions expose the law’s true intent: to stigmatize and exclude.
The Bigger Picture: HB 300 and What Comes Next
On the same day, Gianforte also signed House Bill 300, which amends Montana’s discrimination code to ban transgender women and girls from participating in women’s sports or using girls’ locker rooms. That law takes effect in October 2025 and has already drawn national condemnation.
“While Montana families struggle with property taxes, healthcare access, and education funding, this governor prioritized who can use a toilet,” said House Minority Leader Katie Sullivan (D-Missoula). “Democrats are focused on real issues. Republicans are focused on policing gender.”
For transgender Montanans, the message is clear: the fight for dignity, privacy, and equality is far from over. The coming weeks will likely bring further legal battles, community organizing, and moments of resilience.
“We’re not going anywhere,” said Levi. “We’ve fought to exist in this world—and we’ll keep fighting. Because we deserve to live fully, safely, and authentically.”
