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Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'

Democratic state Rep. Zooey Zephyr, the first transgender woman to serve in the Montana state legislature, spoke with Scripps News about trans rights inside the U.S. Capitol.
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The question of who uses which bathroom on Capitol Hill has become a heated topic ahead of the 119th U.S. Congress convening next year.

This debate was sparked by the historic election of Sarah McBride, a transgender woman, to represent Delaware in Congress. In response, Rep. Nancy Mace (R-S.C.) introduced a resolution aiming to require transgender individuals to use bathrooms corresponding to their sex assigned at birth.

Democratic state Rep. Zooey Zephyr, the first transgender woman in Montana's state legislature, understands what it feels like to be singled out.

She joined Scripps News on Friday to weigh in on the controversy unfolding in D.C.

"It's important to acknowledge that while these attacks on transgender people are always brought one bill at a time, they do not focus on specific issues," Zephyr said. "The hate of trans people is boundless. We saw that when Nancy Mace went on far-right media earlier this week and claimed that it was 'offensive' that Congresswoman McBride views herself as an equal to Nancy Mace."

"When we see policies targeting trans women just trying to live their lives in the restroom, trying to play sports with their friends — that is not where the hate stops from the right," Zephyr said. "That hate is on display at every moment, which is why it's important for us to resist these efforts to target our community."

In 2023, Republican lawmakers in Montana voted to ban Zephyr from the House floor and from participating in debates after she spoke out against a bill banning gender-affirming care for minors. The incident led to legal challenges over Zephyr's censure and to political activism from supporters of transgender rights.

"The attacks we see on trans people will escalate. This will not be the last attack on Congresswoman McBride," Zephyr said. "In my perspective, it is important that we make sure as trans people in this country that we do not cede ground to someone who wants to erase us — regardless of whether they want to erase us in the Capitol, or if they want to erase us as we go through our daily lives in public. We have to stand strong."

Rep. Nancy Mace to introduce bill on restroom use tied to sex at birth

In an interview with Scripps News this week, Mace said her resolution was specifically targeted at Rep.-elect McBride, who stated she will "follow the rules as outlined" even if she disagrees with them.

"I'm not here to fight about bathrooms," McBride said. "I'm here to fight for Delawareans to bring down the costs facing families."

Despite McBride's statement, Mace said her effort to ban transgender individuals from certain bathrooms extends beyond Washington. She is advocating for legislation requiring transgender people to use restrooms that align with their sex assigned at birth on any property receiving public funds.

"I have PTSD from the sexual abuse I have suffered at the hands of a man. We have to as women draw a line in the sand, a big fat red line, about our rights," Mace said. "And the basic question today is, do women have rights or do we not? And I will tell you just the idea of a man in a locker room watching me change clothes after a workout is a huge trigger and it's not OK to make and force women to be vulnerable in private spaces."

RELATED STORY | As House GOP targets McBride, she says 'I'm not here to fight about bathrooms'