HB 121 discriminates against trans, intersex, and gender nonconforming Montanans--effectively banning them from bathrooms and other public facilities.
This legislation is unnecessary and does not address any problems that currently exist in public facilities across Montana. Instead, it promotes stigmatization and discrimination, particularly for those whose identity does not match their sex assigned at birth. 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. That’s why more than 300 domestic violence and sexual assault organizations signed a letter opposing laws like HB 121.
The truth is that it is transgender people who 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, nonbinary, and gender-nonconforming people. First, it offers an incorrect, binary definition of “sex.” This definition erases intersex people, who make up around 2% of the population. The act also invites public scrutiny — and exclusion — of anyone who doesn’t conform to gender stereotypes
Transgender individuals are part of our community, our families, our workplaces, and our neighborhoods and they, just like everyone else, need to safely access necessary facilities. State government facility bans like HB 121 make transgender people less safe, increase harassment of transgender people, and serve no public interest.
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