Montana Gov. Gianforte signed HB121, restricting bathrooms and changing rooms to sex assigned at birth

On March 27, 2025, Montana Gov. Greg Gianforte signed House Bill 121 in Helena, requiring multi-user restrooms, changing rooms, and sleeping areas in public schools, correctional centers, juvenile detention facilities, domestic-violence shelters, and other public buildings to be designated exclusively for males or females based on external genitalia present at birth rather than gender identity. The bill, sponsored by state Rep. Kerri Seekins-Crowe, took effect immediately upon the governor's signature. Gianforte, who signed the bill alongside a companion transgender-athlete ban, House Bill 300, said the legislation would protect women and girls and their right to safe and separate facilities.

The law applies broadly across public life, reaching correctional facilities, juvenile detention centers, and domestic-violence shelters in addition to schools and government buildings, and creates a legal pathway to challenge any facility that does not comply. The ACLU of Montana filed suit the same day on behalf of transgender and intersex Montanans, seeking an emergency order to block enforcement.

Updates

2025-05-16 — State district court blocked HB121 enforcement with a preliminary injunction [4, 5]

A Missoula County District Court judge, Shane Vannatta, granted a preliminary injunction blocking enforcement of HB121 for the duration of the litigation, finding the plaintiffs were likely to succeed on their equal-protection claim under the Montana Constitution. The ruling continued a temporary restraining order issued in April and left transgender and intersex Montanans able to use facilities consistent with their gender identity while the case proceeds.