Perkins v. State of Montana Our challenge to one of the broadest anti-trans “bathroom bans” in the country

Current Status

On May 16, 2025, a Missoula County District Court granted a preliminary injunction that blocks Montana’s anti-trans bathroom ban during the lifetime of the case, allowing people to use public facilities that align with their gender identity.

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Contact

Legal Voice Communications
media@legalvoice.org

Background

HB 121 is one of the most expansive anti-trans “bathroom bans” in the country. It applies to correctional centers, juvenile detention facilities, domestic violence programs, public buildings, and public schools. These facilities would have to provide restrooms, sleeping quarters, and changing rooms for the “exclusive use” of males or females. Anyone who “encounters” a person of the “opposite sex” in these exclusive spaces could file a lawsuit against the facility.

Though this law was passed under the guise of ensuring safety, it only serves to put people in danger. For decades, laws have been in place that allow trans people to use restrooms that align with their gender identity. Research has shown that these laws have not caused public safety incidents.

The truth is that transgender people are most vulnerable to harassment in restrooms. One survey found that 12% of transgender respondents had been verbally harassed in public restrooms in the previous year and 60% had avoided using public restrooms because they feared confrontation.

In addition, HB 121 threatens intersex, nonbinary, and gender expansive people. First, it offers an incorrect, binary definition of “sex.” This definition erases intersex people, who make up around 2% of the population. Second, the act invites ­­­­­­the general public to scrutinize — and exclude — anyone who doesn’t conform to gender stereotypes.

Our Argument

HB 121 violates four fundamental rights: equal protection, privacy, due process, and the pursuit of life’s basic necessities.

Equal Protection: HB 121 discriminates against people based on both their sex and gender identity.

Privacy: HB 121 violates Montanans’ right to privacy when using restrooms, locker rooms, and sleeping quarters. It also violates their right to keep their sex and gender identity private.

Due Process: Laws must clearly define the actions they punish, but HB 121 fails to do so. As a result, people who manage the spaces covered by the act don’t know how to comply. Additionally, intersex people can’t comply with the law because the law doesn’t say which spaces they should use.

Basic Necessities: Blocking people from using the restroom prevents them from meeting their basic needs. This burden would be especially severe for Montanans who work in public buildings or attend public schools.

Plaintiffs

  • Casey Perkins
  • Spencer McDonald
  • Kasandra “Kas” Reddington
  • Jane Doe
  • John Doe
  • Missoula County

Defendant

State of Montana

Intervenor: Representative Kerri Seekins-Crowe

Co-Counsel

“If allowed to stand, this law would present transgender Montanans with an impossible choice. They could use a restroom that conflicts with their gender identity and risk harm. They could deny themselves basic necessities on a daily basis. Or they could choose to withdraw from school, work, and public life as a whole.”

— Robin Turner, Montana Staff Attorney at Legal Voice

“This bill doesn’t solve a problem, it creates one. This law fosters political fearmongering and bigotry. Instead of giving in to fear, we will continue to advocate for all people, including our transgender, intersex and gender-nonconforming neighbors, friends and family members.  Like all Montanans, these people deserve access to public facilities without facing harassment, discrimination or violence.”

— Akilah Maya Deernose, ACLU of Montana Executive Director

“It’s not possible to feel safe at work if you’re forced to use the wrong bathroom every day. Like every Montanan, I deserve privacy, dignity and safety. House Bill 121 doesn’t just deny me access to public spaces and exclude people like me— it sends a message that our rights and humanity matter less. I simply want to be treated with the same respect as every other Montanan.”

— Plaintiff Kasandra Reddington, a Public College Employee

Press Releases

May 16, 2025

Joint statement on preliminary injunction ruling in case challenging anti-transgender bathroom ban

March 27, 2025

Transgender and intersex Montanans challenge discriminatory law barring access to public facilities