Zooey Zephyr Will Not Be Banned from Restrooms
Montana lawmakers narrowly rejected a rule to prevent Rep. Zooey Zephyr from using the women's restroom near the House and Senate chambers.
State Rep. Zooey Zephyr (D-Missoula), Montana’s first out transgender lawmaker, will not be denied access to a women’s restroom at the State Capitol after all.
During a meeting of the Joint Rules Committee on Tuesday, members of the Montana House of Representatives voted 10-12 to reject a proposed rule that would have prohibited all transgender women from using women’s restrooms.
Senate members voted 11-7 in favor of the rule, but it failed because it needed a majority in both chambers to pass, reports NBC Montana.
Had the rule passed, it would have prevented Zephyr from entering or using the women’s restroom located between the House and Senate chambers.
The rule was proposed by State Rep. Jerry Schillinger (R-Circle), who cited the documentary “What is a Woman?”, a 2022 film produced by the conservative website The Daily Wire that challenges the very idea of transgender identity and mocks those who believe transgender women are women.
Schillinger’s rule led some lawmakers to question how such a ban would be enforced and whether legislators would need to be tested for chromosomes or the ability to produce eggs before being allowed to use the women’s restroom.
“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?” asked State Rep. Ed Buttrey (R-Great Falls). “I get what the sponsor is trying to do, I’m just not sure how this would be put into effect and be utilized.”
Democrats were universally opposed to banning Zephyr and other transgender individuals from the restroom, while Republicans were split. Some argued that the restriction was needed to protect the privacy and safety of women, while others called the ban a distraction.
Previously, lawmakers were allowed to lock the restroom if they had concerns about sharing it with transgender individuals.
“I know multiple legislators, women, who would not use that bathroom. They would go all the way across the capitol building down to the bullpen to use that bathroom rather than using the one right outside the House and Senate chambers,” State Rep. Jedidiah Hinkle (R-Belgrade) said.
“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,” State Rep. David Bedey (R-Hamilton) argued.
The proposed ban echoes a similar rule adopted by U.S. House Speaker Mike Johnson (R-La.) on Capitol Hill at the request of his fellow Republicans.
Under that rule, any transgender person — including Hill staffers and U.S. Rep-elect Sarah McBride (D-Del.), who will become the first out transgender member of Congress in January — is prohibited from using multi-user restroom or locker room facilities that do not match their assigned sex at birth.
The congressional rule was originally proposed by U.S. Rep. Nancy Mace (R-S.C.), who has since introduced a separate bill to ban transgender women from female-designated facilities in all public buildings throughout the United States.
Zephyr, who was recently re-elected to a second term, took to social media to thank her colleagues for rejecting the ban.
“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 on X. “I’m ready to represent my constituents & look forward to working on behalf of Montana.”
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 & look forward to working on behalf of Montana. https://t.co/gJCw8l5iob
— Rep. Zooey Zephyr (@ZoAndBehold) December 3, 2024
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