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Montana Legislators Vote Against Prohibiting Transgender Individuals from Using Gender-Specific Bathrooms in the Capitol


According to the proposal, Democratic state Rep. Zooey Zephyr, who identifies as transgender, would have been barred from utilizing the women’s restroom.

On December 3, Montana lawmakers turned down a proposal that aimed to designate two legislative restrooms—one strictly for males and another exclusively for females—based on users’ chromosomes, reproductive systems, and endocrine systems.

Four Republican members joined Democrats in rejecting the proposal during a vote in the Montana Legislature’s Joint Rules Committee.

The measure, put forward by Republican state Rep. Jerry Schillinger, specified that female restrooms in the state Capitol could only be utilized by “a member of the human species who, under normal circumstances, possesses XX chromosomes and produces or is capable of producing relatively large, relatively immobile gametes, or eggs, throughout her life cycle, along with a reproductive and endocrine system oriented towards the production of those gametes.”

An individual who would otherwise fit this description, barring a biological or genetic condition, would also be deemed female, as per the proposal.

Male restrooms would be reserved exclusively for “a member of the human species who, under normal circumstances, has XY chromosomes and produces or is capable of producing small, mobile gametes, or sperm, throughout his life cycle, along with a reproductive and endocrine system oriented towards the generation of those gametes,” according to the proposal. Any individual who would qualify as male, except for due to a biological or genetic condition, would also be classified as male.

Under this measure, Democratic state Rep. Zooey Zephyr, who identifies as transgender, would have been prohibited from accessing the women’s restroom. Zephyr was not specifically mentioned in the proposed measure.

Zephyr expressed gratitude to her colleagues for their votes in a statement on the social media platform X.

“I’m pleased to see that this proposed ban was not passed and I am thankful for my colleagues—especially my Republican colleagues—who recognized this as a distraction from the essential work we were chosen to do,” Zephyr stated. “I’m eager to represent my constituents and look forward to engaging on behalf of Montana.

Zephyr was re-elected to a second term in the state House just over a month ago.

In 2023, Zephyr garnered attention when she informed fellow lawmakers during a legislative session that they would have “blood on their hands” if they approved a bill that prohibited transgender medical treatments for minors.

The lawmaker opted not to apologize for those comments and faced censure before being removed shortly thereafter, following a protest in the House gallery from her supporters.

Though Zephyr’s censure officially concluded when the 2023 legislative session wrapped up, as the Legislature operates on a biennial schedule and did not meet in 2024, she is expected to return to the House floor in 2025.

In the previous month, Rep. Nancy Mace (R-S.C) introduced legislation prohibiting members and employees of the U.S. House of Representatives from using restrooms “other than those corresponding to their biological sex.”

A vote on that legislation has yet to take place.

On November 20, House Speaker Mike Johnson announced that all single-sex facilities within the Capitol and House Office Buildings, including restrooms, changing rooms, and locker rooms, are designated for “individuals of that biological sex.”

“It is crucial to note that each Member office comes equipped with its own private restroom, and unisex restrooms are available throughout the Capitol,” Johnson added. “Women deserve spaces exclusively for women.”

The Epoch Times reached out to Schillinger’s office for comments but received no response prior to publication.

Contributions to this report were made by the Associated Press and Reuters.



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