HELENA, MT – Montana Gov. Greg Gianforte signed two bills Thursday intended to “safeguard fairness, privacy and security for women and girls,” but that opponents say will limit the rights of transgender and intersex Montanans.

House Bill 121, one of the first measures introduced during the session, would require public restrooms and changing areas exclusively for males or females, and require people use the one “designated for their sex” based on “external genitalia present at birth.” The bill — which landed in court the same day — would also require individuals be housed at a prison aligning with their designated sex at birth.

The other bill, House Bill 300, restricts the ability of transgender women from participating in female sports.

“Today, we’re maintaining equal opportunity for all Americans, while also protecting women and girls and their right to safe and separate facilities and activities,” Gianforte said in a statement. “Because we think it’s pretty simple. A man shouldn’t be in a women’s restroom. Shouldn’t be in a women’s shower room. And shouldn’t be housed in a women’s prison.”

Both bills were sponsored by Rep. Kerri Seekins-Crowe, R-Billings.

Speaker of the House Brandon Ler, R-Savage, in a statement called them “victories for common sense,” that show that “in Montana, we still believe in biological reality.”

The bills were unanimously opposed by Democrats in both chambers, and Thursday, House Minority Leader Katie Sullivan said Montanans have other priorities. She said she thought Gianforte did too — cleaning up the property tax crisis early in the session.

“The Republican Governor has failed to deliver on taxes, and by his own metric,” Sullivan said in a statement “Yet, he’s proud to enact new laws on toilets.

“Gianforte and Republicans in the legislature have their minds in the gutter. Democrats have our minds on lowering taxes, funding public schools, and fixing healthcare. Democrats know Montanans can go to the bathroom without the government getting involved.”

House Bill 300 is part of a nationwide trend to restrict transgender athletes in women’s sports. Montana is now one of 25 states with laws that ban transgender students from participating in sports consistent with their gender identity, according to the Movement Advancement Project.

Montana previously passed a similar ban on transgender athletes in sports in 2021 but a district court judge found it unconstitutional. 

The same day HB 300 cleared the House in Montana, President Donald Trump signed an order banning transgender student athletes from women’s sports.

Several national advocates for protecting women’s sports testified on the bill, including Riley Gaines, a former collegiate swimmer who tied for fifth place with a transgender swimmer in a collegiate championship race.

“The legislature’s passage of House Bill 121 and House Bill 300 sends a clear message that the legislature and the Gianforte administration stand with over half a million Montana women and girls,” Gaines said in a statement shared by Gianforte. “I was glad to support this bill through my testimony, and it is an even greater honor to see yet another state pass such critical legislation!”

House Bill 121 raised substantial opposition for its broad application to bathrooms and changing rooms in correctional centers, juvenile detention facilities, local domestic violence programs, public buildings, public schools, and other places.

Several Democrats noted that while a fiscal note said “immediate costs” are expected to be minimal, a similar failed bill from a previous session was pegged at costing nearly $1.8 billion.

Sen. Laura Smith, D-Helena, said during floor debate that she’d spoken with domestic violence shelters and homeless shelters that were concerned they’d have to shut down immediately in order to be compliant with the law.

A majority of legislation that has impacted transgender and nonbinary Montanans in recent years has been temporarily or permanently blocked by the court system, and on Thursday the ACLU of Montana announced it had already filed a legal challenge.

Alex Rate, with the ACLU of Montana, said his organization filed a lawsuit against HB 121 along with an emergency request that the judge immediately pause the bill.

“House Bill 121, unlike House Bill 300, goes into effect immediately upon the governor’s signature,” Rate said. “It’s operational right now, and we need to get relief for our clients and for anybody who may be impacted by this terrible law.”

Rate said the ACLU’s clients are transgender and intersex individuals throughout the state of Montana.

In a video statement, Gianforte said the bill shows Montana is fighting the “far-left gender ideology” sweeping the nation.

“Here in Montana, we’ve stood up against this radical agenda and maintained equal opportunity for all Americans,” Gianforte said.

This story first appeared on Daily Montanan.