Montana legislators on Tuesday rejected a proposal to bar Democratic Representative Zooey Zephyr, a transgender woman, from using women’s restrooms at the state Capitol. The measure, which sought to define restroom use by biological sex, was defeated in the Joint Rules Committee after four Republicans joined all Democrats in opposition.
Zephyr, elected in 2022 as Montana’s first openly transgender legislator, praised her colleagues for rejecting the measure. “I’m happy to see this proposed ban failed and am grateful for my colleagues—particularly my Republican colleagues—who recognized this as a distraction from the work we were elected to do,” Zephyr said on X.
The proposed ban followed a contentious year for Zephyr, who was barred from floor debates in 2023 after accusing lawmakers supporting a ban on gender-affirming care for minors of having “blood on their hands.”
This decision in Montana comes amidst a similar controversy at the federal level, where a Republican-backed bill seeks to bar Representative-elect Sarah McBride, a transgender woman from Delaware, from using women’s restrooms at the U.S. Capitol. Republican House Speaker Mike Johnson has stated that bathrooms should be reserved for “individuals of that biological sex.”
The Montana measure, introduced by Republican legislator Jerry Schillinger, sought to define restrooms based on chromosomes and reproductive systems. However, opponents argued the bill was discriminatory and unnecessary. Zephyr emphasized the importance of focusing on substantive legislative work rather than divisive policies, celebrating the bipartisan rejection of the ban as a step toward more inclusive governance.
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