MISSOULA — A Missoula District Court Judge on Monday extended thetemporary restraining order on Montana House Bill 121, a bill that would require individuals to use the bathroom that aligns with their sex assigned at birth.
Judge Shane Vannatta heard arguments against HB 121 from the ACLU of Montana, which sought a preliminary injunction against the bill. A preliminary injunction is a temporary court order that maintains the status quo until the court can fully hear the case and make a final decision.
Both the ACLU of Montana and the State of Montana agreed to an extension of the temporary restraining order already in place.
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The plaintiffs, represented by the ACLU of Montana, argued that HB 121 was unconstitutional under Montana’s constitution, arguing that the bill specifically discriminates against transgender people and their right to share personal information, a precedent set in a previous case.
“The law is intended to marginalize transgender and intersex Montanans, barring them from using public facilities that they've been using without incident for decades. Two, as a result of the law, our clients who are transgender and intersex Montanans will be immediately harmed. And so that's why we had to file an emergency lawsuit to prevent it from going into effect,” said ACLU of Montana deputy director Alex Rate.
The State argued that the bill has not had enough time to play out, and a gathering of facts must first happen before the court can make a final order. The State also argued that the bill aims to protect young women and girls, a protected class in Montana, and that this bill does so.
However, the state offered no evidence that transgender individuals have assaulted women or girls in bathrooms and acknowledged that HB 121 is not a perfect bill.
In a statement to MTN, a spokesperson for the Attorney General stated, “Attorney General Knudsen looks forward to defending the duly enacted law — which protects the safety and privacy of women in public places — on its merits. Today’s decision was nothing more than a temporary procedural stipulation.”
