1. Montana’s House has passed an indecent exposure bill that applies only to trans people. It sets out one standard for cis people that requires intent, and another for trans people that does not. Trans Rep. Zephyr delivered scathing remarks. Subscribe to support our journalism.

"The Crime Is Being Trans": Mo...
"The Crime Is Being Trans": Montana House Passes Indecent Exposure Bill Applying Only To Trans People

House Bill 446 in Montana establishes two indecent exposure laws: one for the general public that requires intent, and another for trans people that does not.

Erin In The Morning
2. On Friday, the Montana House of Representatives passed an indecent exposure bill, HB446, that effectively creates two separate legal standards—one for transgender people and one for everyone else. legiscan.com/MT/drafts/HB...

Montana HB446 | 2025 | Regular...
Montana HB446 | 2025 | Regular Session

Draft Listing (2025-03-01) Revise indecent exposure laws [(H) Scheduled for 3rd Reading]

LegiScan
3. Under current law, indecent exposure requires intent, such as deliberately streaking across a field or flashing bystanders. However, this bill removes the requirement of intent when applied to transgender individuals, making it possible to criminalize them for existing in certain public spaces.
4. The bill, introduced to target transgender people in locker rooms, bathrooms, and changing areas, creates a stark legal distinction. For most people, indecent exposure is defined as requiring intent to “abuse, humiliate, harass, violate the dignity of, or degrade another.”
5. However, in a separate section specifically addressing transgender individuals, those words are absent. Instead, indecent exposure is defined simply as “exposing intimate parts” to someone of the opposite sex assigned at birth.
6. As a result, transgender men who have undergone top surgery could face criminal charges for entering a men’s changing room or taking off their shirts at a pool. Transgender women, even those who have had bottom surgery, could be prosecuted.
7. Rep Zephyr: “this is the 6th bill I have had to speak on in 24 hours… You have 2 indecent exposure laws. One, in our where someone is trying to abuse a person, where someone is trying to get sexual gratification… and you have another indecent exposure law where the crime is being trans.”

"The Crime Is Being Trans": Re...
"The Crime Is Being Trans": Rep Zephyr Speaks On HB446

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8. Representative Pete Elvram: “As has been mentioned, we have been sitting and listening to these and I’ve been holding my breath… sitting on my hands, wondering at what point will it be enough… when can we just stand up and… man this is enough.”
9. The bill passed 54-45. 4 Republicans crossed over to vote against it, the most of any anti trans bill this year in MT. It will now advance to third reading, where if it passes, it will go to the senate. Lastly, disclaimer: The author of this article (me) is happily married to Rep Zephyr.
10. Lastly, I am an award-winning trans journalist covering LGBTQ+ news every day. You can subscribe to support my journalism at www.ErinInTheMorning.com/subscribe.

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As long as people wear clothes I am happy. If they want to wear a dress or pants, I am fine either way.

I don't see how you can make a law that forces folks to wear certain clothes based on what gender the police think they are.

@erininthemorning.com Holy shit they are begging to get this in front of this SCOTUS, aren’t they?

They’re saying that trans people are so inherently offensive that intent is not necessary. That’s just…holy shit.