Montana Must Rewrite Transgender Bathroom Ballot Language

The Montana Supreme Court has ordered the attorney general to rewrite ballot language for an initiative that would require people to use public restrooms designated for their gender at birth.

The court ruled Tuesday in a challenge from the American Civil Liberties Union of Montana, saying the language didn't include the initiative's specific definition of "sex" and was otherwise vague.

The justices wrote that the language doesn't say the law would apply to local government buildings and public education facilities and doesn't include how much it would cost for them to comply.

It also fails to note that people could sue for emotional or mental distress if they encounter a transgender person in a public bathroom and the facility hadn't taken reasonable steps to prevent it.

The conservative Montana Family Foundation has until June to gather nearly 26,000 signatures to get the initiative on the November 2018 ballot.