MISSOULA — In 2025, the Montana State Legislature passed a law that aims to confine individuals to using the restroom that aligns with the sex they were assigned at birth.
The ACLU of Montana sued the state, stating that the law is unconstitutional, especially in the face of recent Montana Supreme Court rulings.
On Thursday, Missoula District Court Judge Halligan heard oral arguments in a case challenging HB 121, a 2025 law aimed at restricting transgender individuals from using the bathroom that aligns with their gender identity. The ACLU of Montana represented the plaintiffs, and they're seeking summary judgment.
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HB 121 defined sex as male and female, according to biological attributes - definitions that have previously been struck down by Judge Halligan. The law’s text states its purpose is to “preserve women’s restrooms, changing rooms, and sleeping quarters for women.”
The ACLU of Montana argued that the law violates several constitutional clauses: equal protection, privacy, basic necessities and due process. In part of their argument, they also pointed to a recent Montana Supreme Court ruling that largely ruled gender-identity-based discrimination is sex-based discrimination.
“The defendant's unsupported justifications are not sufficient to uphold House Bill 121. It is inherently constitutional and the court should strike it down in its entirety,” said Robin Turner, Montana director for Legal Voice.
Counsel for the State argued in large that since the law doesn’t specifically outline transgender people in the text, then there is no discrimination. The state also argued that the case is about what classes are protected: men and women or cisgender people or transgender people.
“House Bill 121 does not prohibit anyone from using the bathroom, from using the protected spaces. It does not. Yes, it may not be the one of their choice but there's a lot of things in this world that I don't get to do what I want to do. It allows them to use any bathroom that is single, or any co-ed, and frankly, they can also use the bathroom that's assigned to their birth sex. That's all this is. This is about the two classes, again, are biological males and biological females,” said Thane Johnson, an attorney representing the State of Montana.
A ruling is expected soon and we'll be sure to update you once it comes down.
