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A measure that would have prohibited the transgender lawmaker from using the women's restroom failed in committee Tuesday, with even several Republicans voting against it.
Montana state Rep. Zooey Zephyr, a transgender woman who was recently reelected, won’t be barred from using women’s restrooms when she returns to the statehouse.
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A rule to prohibit her and other trans women from using the women’s restrooms failed in the Joint Rules Committee Tuesday, with several Republicans voting against it, Ari Drennen of Media Matters posted on BlueSky.
Zephyr reposted it with her own comment: "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. I'm ready to represent my constituents and look forward to working on behalf of the people of Montana."
Related: Zooey Zephyr calls on trans people to 'plant the flag of joy' against Donald Trump (exclusive)
Montana has another trans state representative, SJ Howell, who is nonbinary. It’s not clear if Howell’s restroom use would have been restricted as well, but The Advocate has reached out to them for comment. Howell was reelected in November too.
Montana House members on the Joint Rules Committee voted 12-10 against the rule, Montana NBC affiliate KECI reports. Some Republicans joined Democrats in voting it down. Senate members on the committee voted 11-7 in favor, but it had to have a majority from both chambers to pass.
Republican Rep. Jerry Schillinger proposed the rule, and he cited a documentary called What Is a Woman?, produced by right-wing website The Daily Wire, "when asked by a colleague if legislators would need to be tested for chromosomes or the ability to produce eggs," KECI reports.
"If there's a question over the chromosomes of a legislator, then does the legislature itself force the legislator to take some type of test, and then those results be made public?" Republican Rep. Ed Buttrey asked, according to the station. "I get what the sponsor is trying to do, I'm just not sure how this would be put into effect and be utilized."
"This particular action will have the effect of making people famous in the national news and will not contribute to the effective conduct of our business,” added Rep. David Bedey, another Republican.
Zephyr was banned from the Montana House chamber in 2023 after saying colleagues who voted to ban gender-affirming care for trans youth would have blood on their hands. GOP lawmakers demanded an apology, which Zephyr told The Advocate at the time that she would refuse to give because none was warranted. The ban passed.
The lawmaker shortly afterward sued the state and legislative leaders to regain entry, stating that the censure was a violation of her right to free speech. A judge dismissed the lawsuit, upholding her ban from the House floor, anteroom, and gallery for the remainder of the session. Now Zephyr will enter a new session, and be allowed to return with all legislative privileges reinstated.
Some trans activists have called on incoming U.S. Rep. Sarah McBride, the first out trans person elected to Congress, to fight the bathroom ban imposed on her by U.S. House Speaker Mike Johnson. But McBride said she would comply with all House rules and that she could deal with the restrictions, while other people shouldn't have to.
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