Under the measure, Democratic state Rep. Zooey Zephyr, who identifies as transgender, would have been prevented from using the women’s restroom.
Montana lawmakers on Dec. 3 rejected a proposal to reserve two legislative restrooms, one exclusively for males and one exclusively for females, as defined by the users’ chromosomes, reproductive systems, and endocrine systems.
Four Republicans joined Democrats on the Montana Legislature’s Joint Rules Committee in voting down the proposal.
The
measure, introduced by Republican state Rep. Jerry Schillinger, stated that female restrooms in the state’s Capitol could be used exclusively by “a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes.”
An individual who would otherwise fall within this definition, but for a biological or genetic condition, would also be classed as female, according to the measure.
Male restrooms could be used exclusively by “a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes,” according to the measure. An individual who would otherwise fall within this definition, but for a biological or genetic condition, would be classed as male.
Under the measure, Democratic state Rep. Zooey Zephyr, who identifies as transgender, would have been prevented from using the women’s restroom. Zephyr was not mentioned in the proposed measure.
Zephyr thanked colleagues for their votes in a
statement on social media platform X.
“I’m happy to see that 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 wrote. “I’m ready to represent my constituents & look forward to working on behalf of Montana.”
Zephyr was reelected to a second term in the state House just over a month ago.
Zephyr made headlines in 2023 when the lawmaker told colleagues during a legislative session that they would have “
blood on their hands“ if they approved a bill banning transgender medical procedures for minors.
The lawmaker declined to apologize for the comments and was censured before being removed days later, following a protest in the House gallery by the lawmaker’s supporters.
Zephyr’s censure technically ended when the 2023 legislative session adjourned. However, since the Legislature operates on a biennial schedule and did not meet in 2024, the lawmaker is expected to return to the House floor in 2025.
Last month, Rep. Nancy Mace (R-S.C)
introduced a bill that would prohibit members and employees of the U.S. House of Representatives from using bathrooms “other than those corresponding to their biological sex.”
Lawmakers are yet to vote on that bill.
House Speaker Mike Johnson
declared on Nov. 20 that all single-sex facilities in the Capitol and House Office Buildings, including restrooms, changing rooms, and locker rooms, are reserved for “individuals of that biological sex.”
“It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol,” Johnson said. “Women deserve women’s only spaces.”
Schillinger told The Epoch Times that Montana’s legislators “deserve privacy and respect” when using the legislative restrooms.
“Just as males have no place in women’s sports or locker rooms, they have no place in legislative rest rooms designated for women,” the lawmaker said. “It’s a simple matter of respect.”
The Associated Press and Reuters contributed to this report.
