by Rep. David Bedey, HD 86, Hamilton
In a recent letter, Missoula’s Brad Tschida accused me of failing to protect female legislators from “physical and mental abuse and anguish.” At issue is my vote against a legislative rule (not a law, but rather a parliamentary procedure applicable only to the Legislature) that would have forbidden Montana’s lone transgender legislator from using the women’s restroom in the Capitol. It is a shame that Tschida chose both to misrepresent the facts and to do so in such an ad hominem manner.
So let’s turn the heat down and assess the situation.
First, it’s important to realize that the proposed rule would have only applied to a single women’s restroom in the Montana Capitol—which is off-limits to the public—and nowhere else in Montana. But such a rule is unnecessary because protecting the privacy of female legislators had already been accomplished during the 2023 session by placing locks on the restroom doors. This solution—approved by then-House Speaker Matt Regier and other conservative legislative leaders—worked then and will work again during the 2025 session. Contra Tschida’s claim, the safety of my female colleagues is not at risk.
But some believe that adopting this “bathroom rule” would “send a message.” Fair enough. But let’s consider how this would likely play out. First, within days the Legislature would be sued for violating the transgender legislator’s constitutional rights. Because the law is unsettled at both the state and federal level—even regarding the definitions of sex and gender—there is a good chance the Legislature would lose. (Recent court decisions in Montana substantiate this concern.) And it is quite conceivable that the court would then issue an order not limited to legislative restrooms but that rather would affect restrooms across the entire state. Some might disagree with my analysis. But I am not willing to risk this outcome by prematurely forcing this issue into the courts.
The controversy over gender dysphoria ranges from bathroom privacy to fairness in girls’ sports to so-called gender-affirming medical procedures performed on minors. The best path forward is to encourage Congress to amend federal law (e.g., Title IX) to ensure that sex and gender are different things in the eyes of the law and to explicitly protect women’s rights. The Legislature then would be in a position to craft sound policy that is respectful of the rights of all and that could stand up in court.
I’m not up for enabling transgender activists or rightwing opportunists to distract the Legislature from doing its work in 2025. And I am not alone. A week after I took my vote, President-elect Donald Trump took essentially the same position concerning restroom access in Congress when responding to questions raised while being interviewed as the 2024 TIME Person of the Year.
I look forward to regularly reporting to you on the issues coming before the Legislature. Alas, this likely is not the last you will hear from Brad Tschida, a former legislator who now fashions himself a political commissar whose mission it is to enforce ideological purity within the Republican Party—by any means necessary. Remember that when his next vitriolic tantrum hits the papers.
Kevin says
Tschida is correct. Bedey is disregarding the rights and safety of women!
mark says
Thank you Mike Beady for doing your job. Sorry but Tschida and his “new wave repubs” are nothing but
dysfunctional .
Jeff Jones says
David Bedey uses words to confound the Truth which he is afraid to go out on a limb for fear of falling or to go to the mountain peak for fear of heights. The Truth you must always stand for no matter how many arrows are being shot at you. If you don’t stand for Truth you will bow to every lie. Men and women are not defined by one’s sin or sexual choice.
Montana’s Representatives need to STAND for TRUTH for if they do then “We The People” will STAND beside them.
If America looses its morality, America looses it’s soul.
hsabin says
JEFF- then stand for the truth! I talked to Bedey and you. need to do so also about the ramifications of this bill. IT doesn’t hep women – it hurts everyone! Go get the truth and then publish it in your paper. IF you do NOT, that tells me YOU are NOT interested in the truth but in perpetuating the lies told about Bedey.
Tim Abney says
Face it Bedey, it doesn’t matter how you try to sugar coat it, you did not represent your constituents in this matter. Your opinion just underscores the fact that you are not a conservative, you do not represent conservative values and you should be removed from office.
hsabin says
Bedey not only represented his own continents but all in the valley with this bill. Go to legmt.gov and contact him. Let him explain to you why this was a bad bill. Educate yourself so you don’t look ignorant and just repeat the nonsense you hear.
Roger Mitchell says
Thank you, David Bedey, for posting this comment. It is important that we consider all sides of the issue in making judgment about it.
“In the multitude of counselors, there is safety.” (Proverbs 11:14)
First off, would Zooey Zephyr have been given a key to the locked bathroom? This is critical to the argument. Either he would have or he would have been denied.
It seems to me that Brad Tschida was promoting the difference between right and wrong, upholding a moral code regardless of the consequences, while your argument has more to do with what is politically practicable and pragmatic. Because of this interpretation, I have to come down squarely on his side in opposition to your fear-based reasoning, and I quote,
“…within days the Legislature would be sued for violating the transgender legislator’s constitutional rights. Because the law is unsettled at both the state and federal level—even regarding the definitions of sex and gender—there is a good chance the Legislature would lose.”
What ever happened to standing up for what is right and let the chips fall where they will? Suppose that the courts dictated that ALL public bathrooms MUST become fair game for those who cannot see the difference between male and female? Would this not become a line drawn in the sand for those morally upright persons, a majority of Montanans, who would then resist the injunction viscerally and strongly? By attempting to avoid trouble further down the road, have you not compromised with the evil instead of opposing it vigorously?
This is an issue which will be resolved and it is quite certain, at least in my opinion, that the demands of a few will eventually be overruled by the determined resolve of the vast majority. Men are not women and, regardless of their desire, they never will be. You should tow the line despite the odds against you.
Henry Clay said it best. “I would rather be right than President.”
Political expediency cannot top that.
Gomez says
Roger. If you support, and voted for Donald Trump I can in no way, no how believe that you are truly concerned for the safety of women.
hsabin says
OH Stop your BS Gomez – Trump has NEVER attacked any woman – he is a multi billionaire and women FLOCK to him. wake up!
Gomez says
Helen. He’s a f****ing pig. Shame on you for siding with him over multiple victims. Jesus Christ, he even admitted it himself out loud..
WMA says
The suggestion that Zooey Zephyr would be a threat to anyone – bathroom door locks or not – is laughable.
Kevin says
Zooey is a threat to himself! Hope that’s not too deep WMA