January 7, 2025
Helena, MT – The Montana Legislature recently heard passionate testimony on the Protect Women Act (HB121), which safeguards traditional private spaces for women, reaffirms the legal definitions of “sex,” “male,” and “female,” and provides a remedy when safeguards are not used.
When discussing restrooms and locker rooms it is conventional wisdom for privacy to be an expectation, particularly in those designated for women. For many, these women-only areas are more than just places to change or freshen up; they serve as a safe haven. Women often seek these spaces when they feel threatened, want to avoid unwanted attention or need a break from uncomfortable situations involving men.
Ignoring the biological distinctions that have historically defined these spaces dismisses the very real concerns of countless women who rely on them for protection. Safeguarding single-sex facilities is not about exclusion—it is about preserving the dignity, privacy, and safety that women have every right to expect.
This bill’s sponsor, Rep. Kerri Seekins-Crowe (HD 39), explains it “upholds Montana’s longstanding values of privacy, safety, and dignity for all individuals, particularly women and children.” Lt. Gov. Kristen Juras spoke first on behalf of the Governor’s office saying, “Like you and most Montanans we believe men do not belong in women’s restrooms, in women’s prisons, in the private spaces of women, period.”
Several proponents spoke about the long-term effects they have witnessed or experienced. Loy Chvilicek, a resident of Helena, created a domestic and sexual violence program in 1979. In her testimony, she stressed that 1 in 3 women are sexually abused and the aftermath does affect their entire lives. Elizabeth Hale worked with survivors and saw firsthand the long-term effects of PTSD from “sexual impropriety.” Riley Gaines shared her experience as an Olympic swimmer and the outrage at being forced to share a changing room and compete with a biological male. Her voice highlighted an “extreme agenda to erase women” and called for immediate attention to the ongoing assault on women’s rights and safety.
Opponents of the bill were focused on it being unnecessary and an embarrassment. Khadija Davis, Lobbyist for ACLU of MT said the bill was “unnecessary and does not address any problems that currently exist in public facilities across the state.” Shani Henry insisted there was “no documented evidence that transgender people pose a threat in public restrooms, none.”
The discussion took a turn when Rep. Caleb Hinkle (HD 68) countered claims that no incidents had occurred by presenting a folder with over 50 documented news reports highlighting cases of misconduct in public restrooms and private spaces.
Speculations were also made regarding potential costs for structural changes in places such as shelters and halfway houses to accommodate this rule. However, Rep. Jedidiah Hinkle (HD-67) clarified they already operate with the equivalent of single “Unisex” bathrooms therefore no structural changes would be needed.