Legislature Proposes 2025 Session Rules

Montana lawmakers avoided another fight over transgender politics while crafting rules for the upcoming 2025 Legislature, saying they didn’t want the distraction.

Members of the Joint Rules Committee narrowly rejected a proposal to limit bathroom access for transgender lawmakers. Several said banning transgender women lawmakers from women’s restrooms in the Capitol would only distract from the Legislature’s business.

Rep. Jerry Schillinger, of Circle, proposed the ban.

“It says what probably shouldn’t need to be said and puts in rules where it shouldn’t need to be put in the rules. But it says that in Senate rooms 353 and 354, which are the restrooms between the House and the Senate, that the gals restroom will be used only by gals, and the guys restroom will be used only by guys,” Schillinger said.

The proposed rule conjured memories of the 2023 House Republican leadership’s struggles concerning Montana’s first openly trans female lawmaker, Rep. Zooey Zephyr, D-Missoula. Locks were used to accommodate lawmakers who objected to sharing a restroom with Zephyr in 2023.

Rep. David Bedey, R-Hamilton, said restricting bathroom use would draw national attention to trans lawmakers, as Zephyr received in 2023 after not being recognized for floor debates, a move that led to protests, which in turn led to a party-line vote barring Zephyr from the chamber’s floor and gallery. National media attention ensued.

“It was my impression that the purpose of the rules that we have are to allow for the efficient conduct of the people’s business so that we can get things done in a civil manner, and also get things done within the constitutionally allotted span of time that a Legislature can meet,” Bedey said at Join Rules Committee meeting at the Capitol. “And so when I think about a rule like this, I would ask myself the question: Does this rule in any way contribute to meeting that purpose?” Lockable doors were an effective solution in 2023, and though supporters of the rule suggested that some lawmakers objected to sharing the women’s room with a trans legislator, there was no evidence that legislative work was precluded as a result, Bedey said.

Much of Tuesday’s rulemaking was compelled by the events of the 2023 Legislature. Senate lawmakers attempted unsuccessfully to require a debate before voting to end the legislative session in that chamber. Senate leaders were startled in 2023 when a motion to end the session, made by Democratic Minority Leader Pat Flowers, D-Belgrade, passed 26-24 with several Republicans voting with Democrats to end the session.

“In my view, sine die is a serious motion and can have serious consequences. Back in the day, when I was first elected to the House, our sine die was a motion that was made, often by the dean of the House,” said Sen. Tom McGillvray, R-Billings. “We are all in agreement, ‘now we’re done.’ That motion was given to the dean as an honor, and unfortunately, in my opinion, the motion has become done just for political reasons. And so, there’s the reason for this rule, limited debate, two proponents, two opponents, so that it can be clearly articulated. If there’s a problem with sine dieing, there’s some bills out there, standing resolutions out there, so that senators are clear with the consequences of that vote.”

Other senators argued a simple majority of the Senate should be adequate to bring the session to an end.

Lawmakers also voted to require governors elected to a second term to resubmit department director nominations for legislative approval. The move would mean newly reelected Republican Gov. Greg Gianforte would have to resubmit his first-term nominees for Senate approval. Several senators noted that former Democratic Gov. Steve Bullock hadn’t been asked to resubmit his nominees for a second term, though the state Constitution states that appointments expire at the end of the governor’s term.

Sen. John Esp, R-Big Timber, said lawmakers were “told to pound sand” when they asked past governors to resubmit appointees.

Both the House and Senate will have to vote on the rules proposed Tuesday when the 2025 session begins in January.