House Judiciary Committee Hears Passionate Testimony Over Bathroom Bill

A committee hearing for House Bill 121, a bill that would require all restrooms, sleeping quarters, and changing areas to be designated by biological sex, brought emotional testimony both in support and opposition at the Montana Legislature.

Rep. Kerri Seekins-Crowe, R-Billings, the sponsor of the bill, said it is necessary to protect women and children in areas where privacy is particularly important.

“For decades, society has recognized the need for separate facilities like restrooms, changing rooms and sleeping quarters, to protect privacy, maintain safety, and foster a sense of security,” Seekins-Crowe said.

Erin Laws, who testified in support of HB 121 as a citizen and mother, said at the hearing that as a woman she feels uncomfortable with the idea of sharing a bathroom with a man. She added that she worries about the safety of young women in restrooms if the bill is not passed.

“We must put the safety and security of our females, regardless of their age, at a higher regard than the feelings of inclusiveness for those with gender incongruence,” Laws said.

Opponents of this bill argue that it is discriminatory and unconstitutional, and the enforcement of the bill would be violating and impractical as well as expensive to the counties of the state.

Jakob Miles, who testified as a citizen and a veteran against HB 121, said that while most days he is proud to call Montana home, he was saddened to see a bill such as this one up for discussion.

“We have neighbors being forced out of their homes with skyrocketing costs of living, we have peoples’ healthcare on the line this session, opioid and suicide epidemics are killing people across our state, and law enforcement officers are already stretched thin,” Miles said. “But today, we are attacking people for who they are, and putting their lives and safety at risk.”

Robin Turner, an attorney for Legal Voice, a nonprofit legal organization for the advancement of gender equity in the Pacific Northwest, including in Montana, added that the methods for enforcement of this bill would by nature break peoples’ right to privacy.

“It’s unknown how government entities will be forced to enforce this statute, given that anyone can file a lawsuit if they are uncomfortable with their experience in a bathroom,” Turner said. “However from the plain language, it appears that government entities will be required to obtain the most private information to determine that people are using the correct bathroom.”

Emma White is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. White can be reached at emma.white@umconnect.umt.edu.