Helena, Montana passes nondiscrimination ordinance
The Helena City Commission in Montana voted this week to ban discrimination based on sexual orientation in matters of housing, employment and public accommodation, after a heated discussion that drew hundreds of advocates and opponents.
Caveat: the ordinance does not appear to provide adequate protections on the basis of gender identity. From the Independent Record:
Eight of the 14 people speaking against the measure mentioned what some called the “bathroom” or “locker room” issue — the concern voyeurs or pedophiles would exploit the protections for transgender people to gain access to women’s restrooms or similar areas demanding privacy, or that transgender people themselves would cause alarm in such situations.
An amendment by Commissioner Dick Thweatt passed by the commission Dec. 4 addressed that concern by mandating that in any place where people “ordinarily appear in the nude,” users may be required to use the facilities designated for their anatomical sex, regardless of their gender identity.
But some said the fear of such a situation would make them wary of entering public bathrooms in Helena.
“How will we be able to monitor when a person, male or female, enters the opposing bathroom and says ‘Well, I can do this, because I’m gender-identity confused?’” said Jacqui Garcia, citing situations her children might encounter. “We all have been in bathroom stalls and public stalls, There’s gaps between the doors, and you can still see in them.”
If I understand this correctly, the city commissioner attempted to pass amendments to the bill that would specifically protect transgender people, but those amendments failed. Some protection is progress, especially for Montana, but we could do much better.





