


The Montana state legislature declined to follow the U.S. Congress’ lead on bathrooms, rejecting a proposal to assign restroom usage at the state Capitol according to biological sex.
The Joint Rules Committee narrowly voted down Tuesday a rule proposed by Republican state Rep. Jerry Schillinger that would have designated the two legislator-only restrooms as “reserved exclusively for use by a male” and “reserved exclusively for use by a female.”
The definitions were based on XX and XY chromosomes and reproductive systems.
Democratic state Rep. Zooey Zephyr, the legislature’s first transgender member, was not mentioned, but several Republican committee members said that female lawmakers were uncomfortable sharing the facilities with a biological male.
“There are a number of females in both chambers who are not comfortable,” said Republican state Rep. Jed Hinkle, according to the Flathead Beacon.
Three House Republicans joined Democrats in defeating the proposal, with one lawmaker calling the issue a “distraction.”
“I do think that taking this particular action is a distraction from us doing our duties,” Republican state Rep. David Bedey said, according to the Daily Montanan.
“We have a reasonable accommodation that we put in place. 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,” he said.
Certainly Ms. Zephyr, a biological male who identifies as female, gained fame in the 2023 legislative session, telling legislators they would have “blood on their hands” if they approved a ban on gender-transition drugs and surgeries for minors.
The first-term lawmaker was suspended from speaking on the House floor and later censured for holding up a microphone in solidarity with protesters who shouted down lawmakers from the gallery by shouting “Let her speak!”
After Tuesday’s vote, the legislator said on X that “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.”
Last month, U.S. House Speaker Mike Johnson announced a policy reserving single-sex restrooms, changing rooms, and locker rooms in the Capitol and House Office Buildings for “individuals of that biological sex.”
Rep. Nancy Mace, South Carolina Republican, had previously introduced a resolution to bar biological males from women’s facilities after transgender Democrat Sarah McBride of Delaware was elected to Congress in the Nov. 5 election.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.