Illustration for 360 Magazine by Rita Azar

Montana’s Anti-Transgender Bills’ Negative Impact

On Thursday, Leader Kim Abbott, the ACLU of Montana, the Free and Fair Coalition, local Montanans, and the Human Rights Campaign detailed their opposition to two anti-transgender bills (HB 112, a bill that would ban the participation of transgender women in women’s sports, and HB 113 which would restrict transgender access to medical care) being rushed through the legislative process in Montana.

HB 112 passed the House Judiciary Committee and HB 113 is expected to see the same result, with both likely to be voted on by the full House within the week after preliminary hearings were held on the federal holiday of Martin Luther King Jr. Day. Opponents of the bills on today’s press call discussed the discriminatory nature of both bills and the adverse personal, social, economic, legal, and medical impacts the passage of these bills have had in other states. Those opposed include local legislative voices and those that would be personally impacted by the legislation in question.

“Montana is the first state this year to be giving serious consideration to anti-transgender legislation and unfortunately we don’t expect it will be the last,” said Cathryn Oakley, Human Rights Campaign State Legislative Director. “Last year was historic for anti-transgender bills and we expect this year will be as well. These bills went through a rushed legislative process. Why the rush? These are made up issues. As a federal court has already recognized, bills like these are unconstitutional and motivated by anti-transgender animus. This — not COVID or economic relief legislation — is their priority and their motivations are 100% political.”

“This bill would harm pediatricians and other medical professionals by levying steep fines,” said Dr. Lauren Wilson, from the Montana Chapter of the American Association of Pediatrics. “House Bill 113 represents one of the most extreme political attacks on transgender kids in history. Transgender kids are kids. They don’t deserve a ban against participation in sports. We know that transgender kids who can  live with gender they identify with have a lower rate of suicide. These bills undermine the work and rules that schools already have. It would also violate federal law and threaten federal funding. Transgender kids have the best chance to thrive if they can get the care they need and are allowed to be an active part of their community.”

“I am the proud daughter of two kids. My son is transgender. Being transgender is not a choice, and being transgender is not negotiable,” said Jaime Gabrielli, the parent of a transgender child in Montana. “Impulsivity is not part of the equation of transgender affirming health care. These are necessary, planned, informed, thoughtful processes that do not happen quickly. It’s a choice that often comes as one of two remaining options: end your life or transition. When suicide is an option, you do everything you can as a parent to help. I see him beginning to thrive because he’s finally able to be who he is. Making necessary medical care that transgender kids rely on illegal does not make them more safe. My plea to lawmakers is to protect trans youth in Montana by voting ‘no’ to HB 112 and HB 113.”

“I am among the more than 160 businesses in Montana that stand against these bills,” said Chelsie Rice, Owner of the Montana Book Company. “It’s projected that the loss from the North Carolina bathroom bills was upwards of $3 billion. Montana businesses do not support these bills. We face a loss of revenue that we can’t afford. More than that, we want to be businesses that are welcome to all in our state.”

Public policy polling by the Human Rights Campaign in partnership with the Hart Research Group across swing states in the 2020 election showed that support for transgender access to medical care had more than 90% support, including significant support among conservative voters. Idaho, which was the first and so far only state to pass  legislation banning transgender women from participation in sports, has been enjoined from implementing that law pending the final determination of the case as a federal district court found the transgender athlete challenging the law has a significant likelihood of winning her case.

Analyses conducted in the aftermath of previous divisive anti-transgender bills like the bathroom bills introduced in Texas and South Carolina show that there would be devastating economic fallout. The Associated Press projected that the North Carolina bathroom bill would have lost the state $3.76 billion over 10 years. During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state. Together, these real-life previous implications of attacking transgender people put Montana’s economy and reputation at risk.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

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