In a climate of constant loss, it’s difficult to contextualize anything as a “victory.”

Since President Trump and his administration took office in January, there have been more mass deportations and disappearances, revocations of international student visas, endless violations by Israel of their ceasefire agreement with Palestine, constant hits to the global economy, more federal funds withdrawn from educational institutions, closures of the branches of the federal government created to take care of us, and further degradation of the rights of both trans adults and trans children. And the Democrats, for their part, seem mostly content to let a lot of this keep happening regardless of the fact that much of it is illegal. The U.S. government has always enacted fascist policy on marginalized people — which is why much of this comes as no surprise to people who are familiar with the actual history of this country — but the last few months have shown there aren’t many barriers the president, his loyal band of followers, and most of the elected Republicans in office are unwilling to cross.

That is, until the last few weeks when Montana Republicans stood in opposition to anti-trans legislation making their way through the state’s government.

Throughout the U.S., state legislature after state legislature have taken their cue from the federal government (and, I would argue, the state of Florida) by trying to pass and enact anti-trans laws that target everything from trans youth in sports to gender-affirming healthcare to bathrooms (again). Although some states already experienced the brunt of these attempts and the passing of anti-trans legislation before the new administration took office, it’s obvious the political leaders in many places — including Democrat-led California — are feeling emboldened to parrot anti-trans rhetoric and push this legislation through due to the work happening in the White House and on Capital Hill.

The Montana Legislature Introduced Three Anti-Trans Bills

Over the last month, a set of House and Senate Bills in Montana aimed at queer and trans people were introduced to the legislature only to be defeated not just by the elected Democrats in the state, but also many of the elected Republicans. The first bill, HB 675, sought to define all drag performances as inherently “sexual” and give parents permission to pursue legal action against any drag performers and promoters for “psychological, emotional, economic, and physical harm” “caused” by a performance.

The second bill, HB 754, sought to take parental custody away from any parents who allow their trans children to pursue and receive gender-affirming care in any capacity.

The final bill, Senate Bill 164, sought to revamp Montana’s child endangerment laws by classifying gender-affirming care for trans youth as felony child abuse. The bill was written so vaguely that its target could encompass not just a child’s legal guardians but also their doctors, nurses, teachers, and other caregivers. And as Erin Reed points out: “It ma[de] no exception for care obtained legally out of state—simply bringing prescribed medication across state lines could render a Montana parent a felon. The bill also d[id] not limit enforcement to Montana residents; even a parent visiting Glacier National Park or Yellowstone with their transgender child could face felony charges for carrying estrogen, testosterone, or puberty blockers.”

All Three of Montana’s Anti-Trans Bills Were Voted Down — With Republican Support

After an impassioned floor speech on the art of drag, the realities of Drag Story Hours, and the bill’s connection to anti-trans oppression by Representative Zooey Zephyr, Montana’s drag bill was defeated 44-55, with 13 Republicans voting it down.

In her speech, she explained what actually happens at events like Drag Story Hours at local libraries, saying:

“This [law] is going to be attempted to be applied as an attack against the trans community […] because in committee, when the sponsor closed on this bill, he said ‘This bill is needed.’ He said and I quote his words, ‘Because transgenderism is a fetish based on crossdressing.’ Those were his words for why this bill is necessary, and I’m here to stand before the body and say that my life is not a fetish. My existence is not a fetish.”

Similarly, the parental custody bill was defeated — with 29 Republicans voting it down — following a speech by Representative SJ Howell wherein they pointed out how difficult it would be for the state’s Child Protective Services to actually do what is required of the bill should it become a law: “Put yourself in the shoes of a CPS worker who is confronted with a young person, 15 years old maybe, who is happy, healthy, living in a stable home with loving parents, who is supported and has their needs met? And they are supposed to remove that child from their home and put them in the care of the state? We should absolutely not be doing that even if you disagree.”

This week, the final bill, SB 164, which would have severely criminalized gender-affirming care for trans youth, was defeated following another floor speech by Representative Howell. The speech addressed the broadness of the bill, the other uses of the treatments used for trans children, and the way the bill limits parental rights. During their appeal, Howell made it very clear that this bill is nothing but destructive for the families it could affect and the state itself. They said:

“We have a lot of tools at our disposal as the legislature to regulate healthcare, but felony criminal charges are not the appropriate tool for that job. Lastly, but certainly not least, this bill has a lot of concern for me about parental rights. At the end of the day, there are a lot of parents out there […] a lot of parents of trans kids who are just doing what they believe is best for their kids. This criminalizes those parents. This is going to end up with families that are facing unbelievably difficult decisions. […] I understand there’s a lot of concern and a lot of mixed opinions about this type of healthcare but turning parents and doctors into felons is absolutely not the approach that best serves this state.”

This time, 17 Republicans voted it down.

What Do These Trans Wins in Montana Mean Moving Forward?

Considering the ground that has been laid for these kinds of bills to pass through state legislatures without much of a fight, it is extremely interesting to see this pattern emerging, especially in a state many would quickly write-off with preconceived notions of what it must be like to live there as a trans or queer person.

These legislative victories are, of course, due in no small part to the labor of Representative Zephyr and Representative Howell. Their unwavering commitment, as not only trans people but also as elected officials, to standing up and speaking up for trans people in the state — and, in essence, everywhere — shows that the voices of those willing to do this work aren’t being ignored as much as many think they are. We can’t say for sure how these votes would’ve gone without them giving their testimony and their analyses of these bills, but it’s also hard to doubt the enormous impact their respective efforts have had on the outcome of these votes.

Beyond that, the actions of the Montana Republicans involved in these votes also set a useful and powerful precedent that could continue to ripple through other state legislatures. Republicans generally rarely break rank — particularly in regards to policies and initiatives that have become extremely popular for the party — in such a principled manner as they have in the Montana legislature this past month. These bills presented Republicans a quandary that was impossible for them to fully square in their minds: How can they purport to be the party of “parental rights” if they continually take them away?

As President Trump and his cronies continue to amp up their increasingly violent attacks on both civil rights and the general state of U.S.’s appearance to the world around us, it appears as if at least some people in the GOP are recognizing the flaws in their pursuit of what being “great again” actually means for their constituents. And more to the point, they might just be growing a little weary of pursuing the bogeyman that was created through the scapegoating of trans people when there are bigger issues at hand. At least, we can keep hoping that’s the case and keep amplifying legislative victories like these out of Montana.

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