Temporary restraining order extended against Montana transgender bathroom bill

https://www.kpax.com/news/montana-news/temporary-restraining-order-extended-against-transgender-bathroom-bill

Zach Volheim (21 April 2025)

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.

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 Montana judicial system is the last bastion of hope for the transgender and queer community. So far, the courts have risen to the occasion and, last election, the people of Montana elected a 'liberal' Supreme Court justice. I have hope for my fellow Montanans. Not much, considering the agenda of an overwhelming majority in the State Legislature and Executive Branch, but enough to keep me from leaving the state I love so much.