In a recent victory for transgender rights, Montana state legislators voted down a proposed rule that would have barred transgender women, including state Rep. Zooey Zephyr, from using women’s restrooms in the state capitol. The decision came after a heated debate in the Joint House and Senate Rules Committees, highlighting both the progress and the challenges faced by transgender individuals in political spaces.
Rep. Zooey Zephyr, a Democrat representing Missoula and the state’s first openly transgender legislator, expressed gratitude for the outcome. “I’m happy to see that this proposed ban failed and am grateful for my colleagues—particularly my Republican colleagues—who recognized this as a distraction from the work we were elected to do,” Zephyr shared on social media. “I’m ready to represent my constituents and look forward to working on behalf of the people of Montana.”
The Proposed Ban and Its Defeat
Republican Rep. Jerry Schillinger introduced the measure, which aimed to enforce restroom usage based on individuals’ assigned sex at birth. Schillinger argued that the rule was necessary to address concerns about privacy and safety, although he did not provide specific incidents that prompted the proposal. “It says what probably shouldn’t need to be said and puts into rules what probably shouldn’t need to be put into rules,” he stated during the committee meeting.
However, the Joint Rules Committee voted against the amendment, with House members rejecting it 12-10 and Senate members approving it 11-7. For the rule to pass, it required a majority from both chambers, which it did not receive. Notably, several Republicans joined Democrats in opposing the measure.
Republican Rep. David Bedey was among those who voted against the ban. “This particular action will have the effect of making people famous in the national news and will not contribute to the effective conduct of our business,” Bedey remarked. He emphasized that restroom access had not been an issue during the last legislative session, suggesting that the proposal was unnecessary and potentially harmful.
Rep. Ed Buttrey, another Republican who opposed the amendment, questioned its practicality. “If there’s a question over the chromosomes of a legislator, then does the legislature itself force the legislator to take some type of test, and then those results be made public?” he asked. His concerns highlighted the invasive nature of enforcing such a rule and the potential violation of personal privacy.
Support and Opposition
Despite the measure’s defeat, some legislators supported the proposed ban. Republican Rep. Jedediah Hinkle argued that the legislature should address the issue proactively. “There are a number of females, in both chambers, who are not comfortable being in the same bathroom with a man,” Hinkle claimed. “I think it’s time that this body addresses this issue now as they are addressing it nationally.”
Hinkle’s remarks alluded to similar debates occurring at the federal level, particularly concerning Rep.-elect Sarah McBride of Delaware. McBride is set to become the first openly transgender person elected to Congress, and House Speaker Mike Johnson has expressed support for a resolution that would restrict restroom access based on biological sex.
Broader Context and National Implications
The situation in Montana reflects a broader national conversation about transgender rights, particularly in government institutions. Rep. Sarah McBride has faced opposition from some Republican lawmakers who seek to limit her access to facilities that align with her gender identity. Rep. Nancy Mace of South Carolina introduced a resolution aiming to enforce such restrictions in the U.S. Capitol, explicitly targeting McBride.
In response, McBride has stated her intention to comply with House rules while focusing on legislative priorities. “I’m not here to fight about bathrooms. I’m here to fight for Delawareans and to bring down costs facing families,” she wrote. “This effort to distract from the real issues facing this country hasn’t distracted me… as I’ve remained hard at work preparing to represent the greatest state in the union come January.”
Transgender activists and allies have called on public figures like McBride and Zephyr to resist these restrictive measures. Zephyr, in particular, has emphasized the importance of standing up against policies that target the transgender community. “When we see policies targeting trans women just trying to live their lives… it’s important for us to resist these efforts to target our community,” she stated in a recent interview.
Rep. Zephyr’s Ongoing Advocacy
Challenges and resilience have marked Rep. Zooey Zephyr’s journey. In the previous legislative session, she was barred from the House chamber after passionately criticizing a bill that would ban gender-affirming care for transgender youth. Zephyr cautioned her colleagues about the dire consequences of supporting such legislation, stating they would be held accountable.
Refusing to apologize for her remarks, Zephyr faced censure and was banned from the House floor, anteroom, and gallery for the remainder of the session. She subsequently sued the state and legislative leaders, arguing that the censure violated her right to free speech. Although a judge dismissed the lawsuit, Zephyr remained undeterred.
Her re-election in November 2023 served as a testament to her commitment and the support she has from her constituents. As she returns to the legislature with all privileges reinstated, Zephyr continues to advocate for transgender rights and broader inclusivity.
The Role of Other Transgender Legislators
Montana is also home to another transgender legislator, Rep. SJ Howell, who identifies as nonbinary. Although Howell’s position on the proposed restroom ban remains undisclosed, their inclusion in the legislature signals an increasing number of transgender and nonbinary individuals occupying government positions.
At the national level, Sarah McBride’s election to Congress represents a historic milestone. As the first openly transgender person elected to the federal legislature, McBride’s experience will likely influence ongoing discussions about transgender rights and inclusion in governmental institutions.
Moving Forward: A Message of Unity and Focus
The defeat of the restroom ban in Montana underscores a recognition among some lawmakers that such measures are distractions from more pressing issues. Rep. Brad Barker, a Republican who opposed the amendment, echoed this sentiment by describing the issue as becoming “a distraction.”
Zephyr herself remains focused on her legislative duties. “I’m ready to represent my constituents and look forward to working on behalf of the people of Montana,” she affirmed. Her commitment reflects a desire to shift attention toward policies that benefit all citizens rather than engaging in divisive debates.
The Bottom Line
The rejection of the proposed restroom ban in Montana represents a significant moment for transgender rights within the state and serves as a microcosm of the national dialogue on transgender inclusion. As more transgender individuals assume public office, their presence challenges existing norms and prompts important conversations about equality, respect, and human rights.
For transgender individuals, their families, and allies, these developments offer both hope and a reminder of the ongoing efforts required to achieve full acceptance and equality. The support from legislators across party lines in Montana indicates a potential for collaboration and understanding that transcends political affiliations.
As the legislative session progresses, all eyes will be on representatives like Zooey Zephyr and SJ Howell, who embody the intersection of governance and personal identity. Their experiences and advocacy will undoubtedly contribute to shaping a more inclusive and empathetic political landscape, not just in Montana but across the nation.
