A measure to ban trans Montana lawmaker Zooey Zephyr from entering the women’s restroom fails

A measure to ban Rep. Zooey Zephyr of Montana, the state’s first transgender lawmaker, from using the women’s restroom at the state Capitol failed at the House Rules Committee on Tuesday as several Republicans voted against it.

The measure, introduced by Republican Rep. Jerry Schillinger, would have required state legislators to use the restrooms of their birth gender.

The measure “says what probably shouldn’t be said and puts into rules what probably shouldn’t be put into rules,” Schillinger said Tuesday at a meeting of the joint House and Senate Rules committees ahead of Montana’s next legislative session January.

The proposal, which required the support of a majority of both committees to pass, failed. The Senate committee voted 11-7 in favor and the House committee voted 10-12 against.

Zephyr — who gained international attention and became a nationally recognized face in the LGBTQ community last year when she was censured in the Montana Legislature — thanked her colleagues who voted against the measure in a statement on social media.

“I am pleased that this proposed ban has failed and am grateful to my colleagues – especially my Republican colleagues – who have recognized this as a distraction from the work we were elected to do,” Zephyr wrote on X. “I am ready . “I represent my constituents and look forward to working on behalf of the people of Montana.”

Rep. David Bedey was among four Republicans who voted against the measure, arguing that the Legislature’s rules are designed to allow the body to act efficiently on behalf of Montanans.

“This particular action will result in people becoming famous in the national news and will not contribute to the effective running of our business,” Bedey said before Tuesday’s vote. He added that access to toilets was not a problem for the female MPs he spoke to in the last legislative session.

Rep. Brad Barker, also a Republican, agreed with Bedey and said the issue was becoming “a distraction.”

Republican Rep. meinediah Hinkle supported the measure, saying the Legislature only has one trans lawmaker but there could be more in the future.

“I think it is time for this body to look at this issue now that it is now being dealt with at the national level,” he said. “We need to set the precedent now that women have their space and that they need to feel comfortable in that space, and I think we should stand up for them.”

Hinkle appeared to allude to a recent debate at the U.S. Capitol following Delaware’s election of Sarah McBride, who will next month become the nation’s first openly transgender member of Congress.

Rep. Nancy Mace, R-R-S.C., introduced a resolution last month that would ban lawmakers and House staffers from “using single-sex facilities other than those consistent with their biological sex.” In remarks that misrepresented her, Mace told reporters that the measure was actually aimed at McBride, adding that it will “100% stand in the way of any man who wants to go into a women’s room, into our locker.” “Rooms, in our changing rooms.”

She added, “I will fight for you every step of the way.”

House Speaker Mike Johnson, R-La., said he supports Mace’s efforts, although his statement of support does not formally change the rules package for the new session of Congress that begins in January.

On November 20, McBride responded to Mace’s suggestion and Johnson’s response, writing on X: “I’m not here to argue about toilets. I’m here to fight for Delawareans and reduce costs for families. Like all members, I will follow the rules laid out by Speaker Johnson, even if I disagree with them.

She added: “This attempt to distract from the real issues facing this country has not distracted me in recent days as I continue to work hard to prepare to represent the largest state in the union in January.”

In the days following McBride’s testimony, Zephyr encouraged her to “not give up.”

“When we see policies that target trans women who are just trying to live their lives in the toilet or play sports with their friends, the hate from the right doesn’t stop,” Zephyr said in an interview with Scripps News at the time . “This hate is visible in every moment, so it is important for us to resist these attacks on our community.”