Montana Governor Greg Gianforte has enacted two sweeping new laws restricting transgender individuals’ access to public facilities and sports, drawing legal challenges and reigniting national debates over gender, safety, and civil rights.
At a Glance
- Gianforte signed HB 121 and HB 300 into law, restricting access to public spaces and school sports by gender assigned at birth.
- HB 121 takes immediate effect, limiting access to bathrooms, locker rooms, and sleeping quarters.
- HB 300, effective October 1, impacts K-12 and college-level sports participation.
- The ACLU of Montana has filed a lawsuit, arguing the laws are discriminatory and unconstitutional.
- The new laws have triggered both praise and condemnation from activists, lawmakers, and legal experts.
Governor’s Legislative Hammer Drops
Governor Greg Gianforte has positioned Montana at the center of a contentious national conversation on transgender rights by signing House Bill 121 into law. The bill, now in effect, mandates that access to public bathrooms, locker rooms, and sleeping areas be determined strictly by a person’s sex at birth. The law applies across a range of public spaces, including shelters, dormitories, and other state-run facilities.
Complementing HB 121 is House Bill 300, which takes effect October 1 and focuses on sports participation. It restricts students from kindergarten through college from joining athletic teams inconsistent with their birth sex. Gianforte argues these measures protect privacy and fairness for women and girls. “Over the last few years we’ve seen far-left gender ideology sweep the nation,” he said. “Here in Montana we’ve stood up against this radical agenda.”
Watch coverage of Montana’s new transgender laws and public reaction.
Critics and Supporters Draw Battle Lines
Opponents of the laws, including the ACLU of Montana, swiftly filed suit against HB 121, arguing it violates constitutional protections and targets marginalized groups. “This is yet another attempt to demonize and marginalize transgender Montanans, and we won’t stand by idly,” said Alex Rate, Legal Director for the ACLU of Montana.
Montana state Representative Zooey Zephyr, the state’s first transgender legislator, voiced concern that such policies misrepresent real-life conditions. “We have trans people who are employees, who are students, who face abuse and come to the shelter,” she said. “This is not an issue” was the repeated message from those most affected.
Supporters of the bills, including the Alliance Defending Freedom and the Montana Family Foundation, argue that the laws reaffirm biological distinctions. “Montana is right to protect the privacy, safety, and dignity of women and girls,” said ADF Senior Counsel Matt Sharp.
Equal Protection Amidst Divided Administration
Though HB 300 mirrors some federal interpretations of Title IX under recent conservative leadership, similar past laws have been struck down in courts. Critics argue these laws intrude upon the Montana Board of Regents’ authority and infringe on equal protection guarantees.
Despite potential legal battles, supporters of the laws believe they set a national precedent. Beth Parlato, a leader at Concerned Women for America, called the legislation “a clear message that Montana girls’ privacy and safety matter.”
Meanwhile, the NCAA has adjusted its transgender participation guidelines in ways that overlap with HB 300, suggesting evolving policy trends at the national level.
As these laws take effect, they reflect the escalating tension between civil rights advocacy and conservative-led legislative initiatives on gender and identity.
