Montana
Montana bill would tie bathrooms to biological sex, allow lawsuits for noncompliance
HELENA — On Friday morning, the House Judiciary Committee heard more than three hours of testimony on a bill that would require transgender people to use the bathroom that aligns with their sex at birth. Supporters said it was intended to protect single-sex spaces, particularly for women, while opponents called it discriminatory.
House Bill 121 is sponsored by Rep. Kerri Seekins-Crowe, R-Billings. It would require public schools, correctional facilities, other public buildings and domestic violence shelters to designate bathrooms, changing rooms and sleeping areas for either men or women, based on their biological sex at birth, and to “take reasonable steps” to keep the opposite sex out. Someone could then sue those facilities if they failed to take those steps and someone of the opposite sex used the space.
The bill wouldn’t apply to rooms that only one person can use at a time.
Seekins-Crowe denied that HB 121 was discriminating against anyone. She said women in these spaces are particularly vulnerable, and that the bill was intended to protect them from violence and harassment. She said it was a major issue for voters she spoke to during the last campaign.
“This is not targeting a certain population, this is protecting a certain population,” she said.
Lt. Gov. Kristen Juras also testified in support. She tied HB 121 to several other pieces of legislation that the Gianforte administration has supported in previous sessions: 2023’s Senate Bill 99, which prohibited gender-affirming health care for transgender youth, and Senate Bill 458, which codified a definition of biological sex into state law, as well as 2021’s House Bill 112, which restricted transgender female athletes from competing in girls’ sports.
“Acknowledging biological realities should not be complicated or controversial, and neither should this bill,” Juras said. “Working with the Legislature, the governor’s office has been proud of our shared record of defending Montanans from the far left’s ideological crusade that has swept the nation.”
Opponents argued the bill’s supporters were overstating the danger to women from transgender people, and that laws already exist to address the kind of behavior they’re concerned about. They said there was no way to enforce this requirement without intruding on Montanans’ privacy.
“How is the state expected to prevent me from using the men’s bathroom?” said Shawn Reagor, a transgender man representing the Montana Gender Alliance. “How is the state expected to know that I should be using the women’s bathroom and require me to do so? It doesn’t make any sense.”
Other opponents raised concerns that implementing the bill would be too burdensome, particularly on local governments and shelters. They questioned what these facilities would be required to do and what kind of legal liability they could face.
Kim Patterson, development director for the Friendship Center in Helena, said their organization receives hundreds of thousands of dollars in federal funding, including through the Family Violence Prevention and Services Program. She said they’re concerned complying with HB 121 might put that at risk.
“All of this funding prohibits discrimination based on sexual orientation and gender identity,” she said. “We are already under-resourced, and the loss of this funding would be detrimental to the people who rely on our lifesaving services.”
Rep. SJ Howell, D-Missoula, asked Seekins-Crowe about how the bill would be implemented, citing a hypothetical example of an encounter in a bathroom at a public library.
“They don’t have a name, they don’t have an address, they certainly haven’t seen a birth certificate – I’m hoping they haven’t seen anything else private about that person – they file a suit,” Howell said. “How are you envisioning that the librarian in this instance would clarify their liability? Are you thinking cameras in the bathroom, guards at all times, checks at the door?”
Seekins-Crowe said she believed public facilities are already making accommodations and that the impact will not be as large as opponents believe.
“This bill is not for us to invade privacy – and that does include women’s privacy at this point,” she said. “The purpose of this bill is to protect women in private spaces. And it’s not about checking. I think it really is going to also go to the comfort level of that person.”
The House Judiciary Committee took no immediate action on HB 121 Friday.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
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“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”
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