Montana state representatives reject measure protecting women’s bathrooms

Montana's legislature rejected a bill on Tuesday to establish at least one bathroom for the exclusive use of women working in the state Capitol, and the same for men. Republican state Rep. Jerry Schillinger presented the measure during a joint session of the House and Senate rules committees. While the Senate rules committee voted in favor of the rule in a 11-7 vote, the House rules committee voted it down in a 10-12 vote, according to local media reports. As a result, the rule failed to receive the necessary bicameral support needed to pass, with some GOP lawmakers voting against it. Some viewed the measure as an attack on Rep. Zooey Zephyr, the only sitting representative who identifies as transgender. Zephyr, a man who identifies as a woman, wrote after Tuesday’s vote that he was grateful to the colleagues who voted down the bathroom protections. He characterized the legislation as a bathroom ban that was distracting legislators from doing their jobs.

Did GOP representatives explain why they voted against party lines? Republican Rep. David Bedey said he agreed with the measure socially, but voiced concern that the rule would distract lawmakers from their duties. State legislators should pass the rule in the future if given the chance, but passing it now would only cause problems by stirring up contention, Bedey explained.

Why did legislators present the rule if it would only apply to one person? GOP Rep. Jedediah Hinkle spoke before the vote, arguing that the issue of biological sex and bathrooms needed to be dealt with sooner rather than later. There’s only one transgender representative now, but this could be an ongoing issue if more are voted in, he said. One person with an agenda shouldn’t make bathrooms unsafe for real women, the Montana Freedom Caucus wrote after the vote.

Dig deeper: Read Josh Schumacher’s report on House Speaker Mike Johnson promising to protect women’s bathrooms in the Capitol.