MISSOULA, Mont. – Today, in partnership with the ACLU and Legal Voice, the ACLU of Montana filed a complaint against the state of Montana over a newly enacted law which stigmatizes and discriminates against transgender, intersex, and gender-nonconforming Montanans by effectively barring access to public facilities. Along with the complaint, the plaintiffs filed an emergency application for a temporary restraining order that would put the new law on hold.
House Bill 121 was passed by both houses of the Montana Legislature and became law, effective immediately, on March 27, 2025. It applies to a sweeping range of public spaces, including schools, libraries, public parks, government buildings and courthouses. The bill even impacts domestic violence shelters, which are private nonprofits and not government entities. Under the new law, these facilities will 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.
HB 121 is not the first time that activists have attempted to exclude transgender, intersex and non-binary Montanans from public life. In 2017 a proposed initiative, I-183, failed to gather the required number of signatures to qualify for the ballot. In recent months, courts have repeatedly struck down similar laws targeting transgender Montanans. [Cross v. State; and Kalarchik et al v. State of Montana et al.]
"It's not possible to feel safe at work if you're forced to use the wrong bathroom every day," said plaintiff Kasandra Reddington, a public college employee. “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.”
“This bill doesn’t solve a problem, it creates one,” said ACLU of Montana Executive Director Akilah Deernose. “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.”
“If allowed to stand, this law would present transgender Montanans with an impossible choice,” said Robin Turner, Montana Staff Attorney at Legal Voice. “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.”
The lawsuit filed in Missoula County District Court today asserts that HB 121 violates numerous constitutional provisions, including the right to privacy and equal protection.
Counsel for Plaintiffs are: Alex Rate of ACLU of Montana, Robin Turner and Wendy Heipt of Legal Voice, and Terry Ding and Julie Murray of the ACLU.
The complaint and application for a temporary restraining order/preliminary injunction can be found here.
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About Legal Voice: Legal Voice advances justice and builds community power for women, girls, and LGBTQ+ people across the Pacific Northwest by using three strategies: litigation, legislative advocacy, and public education. Our vision is a world where every person is recognized in their full humanity and can thrive in communities free from oppression. With a presence in Washington, Idaho, Montana, Oregon, and Alaska, Legal Voice works across state lines to drive meaningful change and expand protections for all people. LegalVoice.org
About ACLU of Montana: The ACLU is our nation's premier civil rights and civil liberties organization. We are the unwavering voice of freedom, fairness and equality for all people in America and have been at the forefront of virtually every major battle for freedom and justice in the country for a century. We work in the courts, the legislatures, and communities across the nation to protect and extend basic rights for everyone. Since 1972, the ACLU of Montana, an affiliate of the ACLU, has worked in the courts, the Montana legislature, and communities across the state to protect and expand civil rights.
