On Wednesday, February 15th, Representative Brandon Ler (R) of Savage, Montana presented a bill that amounts to a right to bully transgender people to the House floor. The bill, HB361, states that it is “not discriminatory behavior” for a student to refer to another student “by the student’s sex” or refer to them with their legal name. This bill is clearly targeted at transgender students, and the bill’s sponsor and proponents said as much during the floor hearings. Several representatives stood up to debate the bill and the bill even suffered a failed cloture vote before finally passing 66-34 in the house. It now goes to the Montana Senate.
Although proponents of the bill amended it in response to criticisms to state that it doesn’t protect “behavior that rises to the standard of bullying,” the interpretation of that statute will be made at the school level. The plain language of the bill states that misgendering and using a transgender person’s old name is a protected right if this bill passes. Representative Marilyn Marler (D), who stood up to speak against the bill and about her own experience being bullied as a tomboy in school, stated that it is clear people will read this and say, “What’s wrong? It’s not bullying. It’s your legal name.”
One representative who stood up to speak in favor of the bill, Representative Mike Hopkins (R), confirmed this interpretation when he seemed to indicate only physical altercations should count as bullying and that anything else is “suppression of speech.” Representative Hopkins central point was that “students are under no obligation to be kind.” Though proponents of the bill tried to state that the bill is not a state sanctioned right to bully trans people bill, his testimony undercut that entire argument:
This bill is especially egregious in that it came just a few days after the murder of Brianna Ghey, a 16 year old transgender girl who was recently killed in a park - two 15 year olds are charged with her murder. Her friends came out to discuss her life and the intense bullying she received at school because of her gender identity. The Trevor Project has reported that 62% of transgender youth experience bullying in school. Bullying is associated with higher suicide rates among a population already predisposed to high suicide rates and this bill will only make things worse.
The legislation explicitly discriminates against transgender students, according to Representative Zooey Zephyr (D), who shared her personal experiences as a transgender lawmaker. Rep. Zephyr noted that most discrimination laws prohibit individuals from experiencing discriminatory behavior, whereas this law allows individuals to engage in discriminatory actions towards a specific group. She specifically pointed out that the legislative chamber requires decorum, and that same standard of respectful conduct should apply to our schools. Additionally, Rep. Zephyr pointed out that many House members have not used her correct pronouns and quietly avoided them, but no one has intentionally misgendered her or referred to her as a man to her face. "It's not difficult," she remarked.
Watch her full testimony here:
At times, Republican testimony in support of the bill was chilling. Representative Amy Regier (R) cited a case in which three students bullied a transgender student in Kiel, Wisconsin as a reason for the bill's necessity. However, this example is particularly troubling because Kiel, Wisconsin was targeted by by the Twitter account Libs of TikTok, resulting in months of bomb threats against the local school. The bullying probe was dropped as a result. This act of terrorism seems to have inspired directly a bill targeting trans students like the one targeted in Kiel.
After an emotional debate, the bill passed on a near party line vote:
Montana is becoming one of the states with the highest number of anti-transgender bills to pass through legislative chambers. Although none of these bills have been approved by both chambers, several have cleared committees or a single chamber. SB99, a bill banning medical care and forcing medical detransition of transgender minors, has been approved by the Senate and will move to the House. Other proposed anti-transgender bills advancing through the legislature include a ban on drag performances and an obscenity bill targeting schools and libraries, as well as a bill that would make it legal to deny treatment to LGBTQ+ patients. If these bills become law, Montana would be among the most hostile states for transgender individuals in the U.S. Although the Montana Supreme Court and the 9th Circuit Court of Appeals have demonstrated a willingness to reverse these trends, LGBTQ+ citizens in Montana could suffer considerable harm before these bills are struck down.
https://erininthemorn.substack.com/p/montana-house-passes-right-to-bully (Archive)
