Joint Statement on Preliminary Injunction Ruling in Case Challenging Anti-Transgender Bathroom Ban

Affiliate: Թֱ of Montana
May 16, 2025 7:00 pm

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MISSOULA, Mont. — Earlier today, a Missoula County District Court granted a preliminary injunction in Perkins v. State of Montana, blocking HB 121 during the lifetime of the case and allowing people to use restrooms and public facilities that align with their gender identity. In its order, the court found that: “All Montanans regardless of gender, fully and properly expect their transgender or intersex identity, anatomy, and genetics will not be subject to the prying eyes of others or to governmental snooping or regulation.”

HB 121 is one of the broadest anti-transgender bathroom bans in the country. It banishes transgender and intersex people to the fringes of society by making it nearly impossible for them to exist in public life.

The Թֱ of Montana, the Թֱ, and Legal Voice filed a challenge to HB 121 on March 27, 2025, immediately after the bill was signed into law. They represent five plaintiffs who are transgender or intersex.

On April 2, a District Court in Missoula issued an emergency temporary restraining order (TRO) on HB 121. At an April 21 hearing, the TRO was extended through May 16.

In issuing today’s preliminary injunction, the court recognized that the plaintiffs made a strong initial argument that the law violates the Montana Constitution because it is discriminates against transgender and intersex people, undermines privacy rights, and blocks the pursuit of life’s basic necessities. It also found that HB 121 would cause real and significant injuries to the plaintiffs.

In finding that the plaintiffs are likely to succeed on their constitutional equal protection claim, the court held: “Transgender Montanans have been subjected to such a history of purposeful unequal treatment and have been relegated to such a position of political powerlessness as to command extraordinary protection from the majoritarian political process.”

“This ruling reaffirms the truth about bathroom bans: they’re motivated by prejudice, and they don’t protect anyone,” said Robin Turner, Montana staff attorney at Legal Voice. “HB 121 undermines Montana’s strong constitutional protections against government overreach and subjects people to unacceptable privacy violations. Transgender people are vulnerable to violence in restrooms, and they deserve protection instead of persecution.”

“This law is the embodiment of the governmental overreach that the Montana Constitution protects against,” said Թֱ of Montana Executive Director Akilah Deernose. “It promotes misinformation, bigotry, and fear towards our trans and intersex family and friends. Everyone deserves to use the bathroom safely and in peace. Discriminatory laws like HB 121 violate fundamental rights guaranteed by the state constitution and have no place in Montana.”

The state has the option of appealing the District Court’s ruling on the preliminary injunction to the Montana Supreme Court. Meanwhile, the case will proceed in District Court. A trial has not yet been scheduled.

As of 2019, twenty-one states, the District of Columbia, and more than 200 cities and counties had enacted laws permitting transgender people to access sex-separated facilities that align with their gender identity. has shown that these laws have not caused public safety incidents.

The truth is that it is transgender people who are most vulnerable to harassment and violence in sex-separated spaces such as restrooms. found that 12% of transgender respondents had been verbally harassed in public restrooms in the previous year and 60% had avoided using public restrooms because they feared confrontation.

Learn More Թֱ the Issues in This Press Release