Montana Legislature passes HB 121 regulating restroom and changing room access rights

House Bill 121, introduced in the Montana Legislature on March 18, 2025, is stirring significant debate as it seeks to redefine access to restrooms, changing rooms, and sleeping quarters based on biological sex. The bill aims to prohibit individuals from using facilities designated for the opposite sex, allowing those who feel their rights have been violated to pursue legal action against entities that permit such access.

Key provisions of the bill include the establishment of a private cause of action for individuals who encounter someone of the opposite sex in a restroom or changing room designated for their sex. This legal recourse extends to situations where individuals are required to share sleeping quarters with someone of the opposite sex, enabling them to seek declaratory and injunctive relief, as well as nominal damages. Notably, the bill mandates that any civil actions must be initiated within two years of the alleged violation.

The introduction of House Bill 121 has sparked intense discussions among lawmakers and advocacy groups. Proponents argue that the bill is essential for protecting privacy and safety in gender-specific spaces, while opponents contend that it discriminates against transgender individuals and undermines their rights. The potential for legal battles over restroom access has raised concerns about the implications for public facilities and institutions, including schools and workplaces.

Experts warn that the bill could lead to increased tensions in communities and may have broader social implications, particularly for LGBTQ+ rights. As the bill moves through the legislative process, its fate remains uncertain, with advocates on both sides preparing for a contentious debate.

With its effective date set for passage and approval, House Bill 121 is poised to become a focal point in Montana's ongoing discussions about gender identity and public policy, potentially reshaping the landscape of civil rights in the state.