With GOP help, Montana lawmakers vote down transgender bathroom rule
Several Montana Republicans joined Democrats on Tuesday to block a measure that would have barred transgender lawmakers from using the state Capitol bathrooms that aligned with their gender identities.
The proposed measure would have banned Rep. Zooey Zephyr, a transgender Democratic lawmaker who was re-elected in November, from using the women’s bathroom outside Montana’s House and Senate chambers. Last year, Zephyr was silenced in the House after speaking out against her Republican colleagues for their support of a ban on gender-affirming care for transgender children.
Weeks ahead of her return to the House floor, Zephyr’s colleagues in the chamber rejected the bathroom measure in a 12-10 vote. Three Republicans joined Democrats in voting against it, characterizing it as a rule that would not add value to their work while also noting they didn’t necessarily disagree with the ideology driving it.
Zephyr told the Washington Post on Wednesday that she was grateful to her GOP colleagues who voted no. She said she has a “good working relationship” with them, adding that their votes against the measure showed they were “able to recognize this for the distraction that it is.”
“I hope that it serves as a signal to other Republicans across the country that there are more important things that governments should be focusing on besides targeting transgender people,” Zephyr said.
Montana’s measure paralleled a resolution introduced by Rep. Nancy Mace, R-S.C., last month that proposed changing House rules to ban trans lawmakers and visitors to the U.S. Capitol from using bathrooms associated with their gender identity. Mace’s resolution came two weeks after Sarah McBride, a Democrat from Delaware, became the first openly trans person elected to Congress.
Ahead of Tuesday’s vote, state Rep. David Bedey (R) said he would “reluctantly” cast a no vote, describing the measure as “a distraction.” Bedey, though, also made clear that he still had his “own opinion” on gender dysphoria, which he said was a “scientific issue actually that needs to be resolved.”
“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 said.
The Montana legislature made headlines across the country in April 2023, when the House was discussing four anti-trans bills – one of them a ban on gender-affirming care for trans children.
During an April 18 debate on the House floor, Zephyr said restricting access to care for trans minors was “tantamount to torture.”
“This body should be ashamed,” she said.
Later on in her remarks, addressing colleagues supporting the ban, Zephyr said: “I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands.”
Afterward, GOP leaders in the House silenced Zephyr, declining to recognize her during debate for days. Protests ensued, and about one week later, Zephyr’s Republican colleagues voted to formally punish her, saying that her comments were derogatory and that she had violated decorum in the legislature.
Zephyr was no longer allowed to debate and could vote only remotely.
Montana’s legislature did not meet this year, meaning Zephyr’s re-election last month opened the door for her to return to the House floor in January for the first time in 19 months.
On Tuesday, the Joint Rules Committee met to discuss amending rules ahead of the new legislative session, including the bathroom measure.
State Rep. Jerry Schillinger opened the discussion by saying that the proposal put forth a “relatively simple rule change.”
“It says what probably shouldn’t need to be said and puts into rules what probably shouldn’t need to be put into rules,” Schillinger said.
Multiple Republicans agreed with him.
State Rep. Jedediah Hinkle (R) said he knew multiple lawmakers who did not use the women’s bathroom outside the House and Senate chambers, adding that they walked across the Capitol to use a different one because they were uncomfortable “being in the same bathroom with a man,” an apparent reference to Zephyr.
He urged his colleagues to help Montana set an early precedent as lawmakers around the country are beginning to confront the same issue in legislative buildings.
Hinkle did not call out Zephyr by name but indirectly referenced her in his argument supporting the measure.
“We have one representative right now, but in the future, we could have many,” Hinkle said. “This could be an ongoing thing, and I think it’s time that this body addresses this issue now, as they are addressing it nationally.”
During the last legislative session, Hinkle said, lawmakers had installed locks on the doors leading into multistall bathrooms to permit individual legislators to use them alone if they desired. But that accommodation did not work, he said, adding that it kept lawmakers from their duties.
Bedey, one of the Republicans who voted against the measure, later countered Hinkle’s point, saying that there was no evidence that lawmakers had missed votes.
Otherwise, Bedey said, he “might have a different opinion.”
Following about 12 minutes of discussion, the measure passed in the Senate committee 11-7. But the House voted it down, aided by the Republican votes.
Zephyr commended her GOP colleagues who voted against it.
“I think those Republicans are likely talking to people in their district who are also saying, ‘Listen, people of Montana are struggling right now,’ ” Zephyr told the Post.
She said Wednesday that there were issues – including housing and health care – to address in the months to come, and a measure about the Montana Capitol bathrooms “is not helpful for the work that we were sent here to do.”
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Video Embed Code
Video: Rep. Nancy Mace (R-South Carolina) introduced a resolution on Nov. 18, banning transgender women from women’s restrooms at the Capitol, targeting Rep.-elect Sarah McBride (D-Delaware).© 2024 , The Washington Post
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