A Montana law that defines “gender” when referring to a person solely as male or female was ruled unconstitutional by a judge in the state, because the law’s wording did not clearly state its purpose.
U.S. District Judge Shane Vannatta on Tuesday struck down the 2023 law after a group of plaintiffs who identify as transgender, non-binary, intersex and other identities filed a lawsuit arguing that the law denies legal recognition and protections to people who identify as gender non-conforming, the district court announced. Associated Press.
Vannatta did not address the claims of a lack of legal recognition and protection, but said the bill’s title does not adequately explain whether the word “sex” refers to gender or sexual intercourse, and that the bill’s text does not indicate that the terms “male” and “female” are defined.
“The title does not inform the public of the nature of the bill in a manner that would prevent a deceptive or misleading title,” VanNatta wrote.
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The judge ruled that a Montana law that defines “sex” when referring to a person as only male or female is unconstitutional. (Associated Press)
Montana’s law, SB 458, is similar to laws passed in Kansas and Tennessee.
The bill’s text says it seeks to amend the law to “provide a common definition of the term gender when referring to human beings.”
The Convention defines a “male” as “a member of the human species who, during normal development, has XY chromosomes, produces or has the potential to produce small, mobile gametes or sperm throughout life, and has reproductive and endocrine systems central to the production of those gametes.”
The bill defines a “female” as “a member of the human species that during normal development has XX chromosomes, that produces or can produce relatively large, relatively immobile gametes or eggs throughout life, and that has reproductive and endocrine systems centered around the production of those gametes.”
Plaintiffs who identify as transgender, non-binary, intersex and other identities filed the lawsuit arguing that the law denies legal recognition and protections to people who identify as gender non-conforming. (Alison Diner/AFP via Getty Images)
The bill was sponsored by Republican state Sen. Carl Grimm, who said the legislation was needed after a state court ruled in 2022 that transgender people can change the gender marking on their birth certificates.
Republican Gov. Greg Gianforte was proud of the law he signed, saying it codifies a common-sense definition of sex that has long been recognized, his spokesman Sean Southard told The Associated Press.
“Words matter, and this administration is committed to giving words meaning, unlike this judge who needs a dictionary to tell the difference between a noun and a verb,” Southard said.
Emily Cantrell, a spokeswoman for the Montana Attorney General’s Office, said the office will continue to defend the law “that reflects scientific reality.”
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Republican Gov. Greg Gianforte is proud of the law he signed, a spokesman for his office said. (Garrett Turner/Office of the Governor)
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The American Civil Liberties Union of Montana praised the ruling.
“Today’s ruling is a vindication of the important safeguards the Montana Constitution provides for legislation,” said Alex Rate, legal director for the ACLU of Montana.
The bill was passed during the 2023 legislative session, when it also approved a ban on gender reassignment treatments for minors and led transgender Democratic state Rep. Zooey Zepher to be removed from the House floor after protesting against Republican lawmakers who had silenced her.
The Associated Press contributed to this report.
