In partnership with the ACLU of Montana and the ACLU, we filed a lawsuit to block HB 121, one of the broadest anti-transgender “bathroom bills” in the country. Together, we represent trans and intersex people who will be impacted by the law.
HB 121 applies to a sweeping range of public spaces: 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. The truth is that transgender people are most vulnerable to harassment in restrooms. One survey found that 12% 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 and nonbinary 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 public scrutiny — and exclusion — of anyone who doesn’t conform to gender stereotypes.
Unfortunately, HB 121 is just one of many bills introduced this year that have attacked the rights and dignity of transgender and intersex people. We remain committed to showing politicians that these bills go against Montanans’ values. Everyone deserves to live openly, safely, and with dignity.
