(HELENA, Mont.) — The Montana House of Representatives advanced a bill to ban transgender people from using public bathrooms that do not align with their sex assigned at birth, the first of this type of legislation to progress in the 2025 session.
It is one of 138 anti-LGBTQ bills in the U.S. tracked by the ACLU so far this year.
This comes after a bipartisan effort in December to reject a measure that would have banned state Rep. Zooey Zephyr — the first openly trans lawmaker in the state — from using the women’s bathroom at the state Capitol.
The new bill states that a “restroom, changing room, or sleeping quarters … that is designated for females or males may be used only by members of that sex.”
The bill seeks to define sex “based on the organization of the body parts and gametes for reproduction,” adding that the sexes are defined by “sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth” and not any other definition of gender.
The bill does not include a definition or classification for those born intersex, or people with ambiguous genitals, chromosomes, hormones or reproductive organs that are neither clearly male nor female at birth.
The bill does not state how it will be enforced or how those using such facilities will be checked. However, the bill does state that residents can sue for attorney fees and other costs if “another individual of the opposite sex” is using a single-sex facility.
When her colleagues declined to support a similar bathroom ban in 2024, Zephyr applauded the rejection: “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,” she posted on social media platform X. “I’m ready to represent my constituents & look forward to working on behalf of Montana.”
Critics of bathroom bans say they create a false “fear” of transgender people. They argue transgender people aren’t inherently dangerous and are four times more likely to be victims of violence than cisgender people, according to recent studies.
In a past interview, Zephyr told ABC News that she believes anti-transgender rhetoric and legislation have been a distraction from the issues facing average Americans.
“Leave trans people alone, let us live our lives and let our representatives get back to trying to make our states better places for all of us,” Zephyr said.
ABC News reached out to Zephyr for comment on the measure Wednesday.
Zephyr did not immediately respond to ABC News’ request for comment on the measure Thursday.
Those in support of the bill argue that restrictions on bathroom use enhance safety and privacy for women.
Montana Rep. Kerri Seekins-Crowe, a Republican, said the bill “reflects the values and priorities of Montanans, protecting privacy, safeguarding dignity, and ensuring safety for women and children in vulnerable places.”
She continued, “This bill is not about exclusion or hate, it’s about common sense boundaries that have served our society for generations.”
One study in the Sexuality Research and Social Policy journal was unable to find evidence that trans-inclusive policies on restrooms, lockers and changing rooms increase safety risks or related crimes.
Transgender people – who are estimated to make up less than 1% of the adult population – have been the focus of conservative-sponsored legislation across the country.
Last year, restrictions on transgender participation in sports, bathroom use, gender marker changes, pronoun use in schools and gender-affirming care made up a majority of the record-breaking 533 anti-LGBTQ bills tracked by the ACLU in the 2024 legislative sessions nationwide.
Zephyr won her bid for reelection to the Montana House of Representatives after she was censured and barred from the House floor for almost two years for protesting a gender-affirming youth care ban in her state.
Copyright © 2025, ABC Audio. All rights reserved.
