In December, the Montana Supreme Court ruled a 2023 law restricting life-saving gender-affirming care for transgender youth was unconstitutional. Lawmakers have introduced a slate of related bills in the 2025 session. (Adobe Stock)

Montana lawmakers are considering three bills on gender. They are all versions of previous bills, which either failed or were struck down in court, but some new drafts have higher stakes.

Two bills would determine if or how transgender people can use certain bathrooms and changing rooms and participate in school sports. A third seeks to prohibit access to gender-affirming health care and to criminalize doctors and parents who, according to the bill, “knowingly procure or provide” such care.

Zuri Moreno, state legislative director for the advocacy group Forward Montana, said some lawmakers have described transgender people as “out of compliance.”

“It’s an overreach of our government to try to force people across our communities to comply with what they think is correct gender presentation,” Moreno argued.

Proponents said the bills would “prevent harassment” and protect the “welfare of children.” Moreno countered the proposition that lawmakers should have a say in families’ private medical decisions or they understand athletes’ needs more than teachers and coaches, is a dangerous one.

The bills parallel a January executive order from President Donald Trump defining “sex” and directs federal agencies to rescind materials discussing “gender ideology.” Moreno pointed out organizers across Montana have been preparing for the state bills.

“The governor, in his State of the State, did direct the legislature to get these types of bills to his desk,” Moreno noted. “But I think it’s important for everyone to remember that our legislature doesn’t work for the governor. They work for their constituents.”

Legislators have referred all three bills to committee after hearings last week. Moreno stressed regardless of the fate of the bills, debates on them are harmful. Among LGBTQ+ youth, 90% said their well-being has been negatively affected by recent politics, according to a 2024 survey from The Trevor Project.