Montana’s potential adoption of a proposed ballot requiring people to use the bathroom and locker room of their biological sex is unconstitutional and discriminates against transgenders, said Montana’s ACLU in a lawsuit filed Tuesday.
The Locker Room Privacy Act — I-183 — says Montana residents must use the bathrooms and locker rooms that correspond with their birth gender rather than their gender identities, according to the Missoulian.
The ACLU insists that requiring transgenders to use restrooms they don’t feel comfortable in violates the equal protections clause and discriminates against transgender community members. The ACLU also alleges that I-183 violates privacy rights and filed their suit to argue as much on behalf of seven transgenders, the parents of a transgender child, and the city of Missoula.
“This proposed measure legalizes discrimination,” said Montana ACLU legal director Alex Rate, according to the Missoulian. He indicated that the ACLU asks in their suit that the Secretary of State Corey Stapleton prevent the Act from going on the November 2018 ballot for a vote.
The Montana Family Foundation and sponsor of the Act, disagrees, saying the measure is designed to protect the privacy rights of individuals and to prevent predators from taking advantage of loose public restroom policies.
“High school girls shouldn’t be forced to shower in front of a boy, even if he does think he’s a girl. Boys shouldn’t have to change clothes in front of a girl, even if she thinks she’s a boy. It’s just common sense,” said Montana Family Foundation Jeff Laszloffy in a Tuesday press release. “It’s tragic that the ACLU wants to disenfranchise thousands of Montana voters,” he added.
The bill offers single-stall changing rooms and restrooms as a compassionate solution, Laszloffy added. The ACLU’s lawsuit is also premature because the initiative hasn’t even qualified for a vote yet, Laszloffy noted.
“It was not lost on me that if I-183 passes, I would not be able to use that restroom,” transgender plaintiff Roberta Zenker said. “What better way to discriminate against a class of people than to effectively exclude them from public places,” Zenker added.
“The Montana Locker Room Privacy Act is about protecting privacy, safety, and dignity for all Montanans,” Laszloffy concluded. “The ACLU should permit the people of Montana to vote. That’s supposed to be how self-government works.”
The ACLU’s lawsuit comes after Maryland schools adopted a new policy last week allowing transgenders to use the bathrooms and locker rooms of their choice according to the Washington Post. (Related: Maryland Schools Adopt New Transgender Bathroom Policy).
Gallup polling data from 2017 shows significant polarization between liberals and conservatives over transgender bathroom issues.
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