The fate of a Montana law that defines sex as binary based on chromosome and reproductive organs may soon be determined by a Missoula judge.
Lawyers from the ACLU of Montana and the state Attorney General’s Office presented oral arguments before Judge Shane Vannatta of Missoula County District Court on Tuesday. Vannatta indicated that a ruling would be made promptly. A ruling in favor of the ACLU would invalidate the law without the need for a trial. If Vannatta does not grant the summary judgment, the case will proceed to trial.
Senate Bill 458, introduced by Sen. Carl Glimm during the 2023 session, revised multiple sections of the state code to explicitly define “sex” as male or female. The legislation stipulates that females must produce eggs, and males must produce sperm.
Opponents argued during the session that the bill effectively excludes transgender and intersex individuals from state law. They warned that it could lead to discrimination and inaccurately categorize people by restricting their options for “sex” to two choices.
Gender pertains to internal and social identity, distinct from sex. Gender is shaped by social constructs that evolve over time and vary across societies. Sex encompasses biological attributes like chromosomes, hormones, and reproductive anatomy, which can be medically altered.
SB 458 makes no reference to gender except to specify that sex is determined irrespective of an individual’s “subjective experience of gender.”
The ACLU of Montana challenged the law, arguing that it violates the state constitution. The organization also submitted a motion for summary judgment to invalidate the law without a trial.
Kyle Gray from Holland & Hart presented arguments on behalf of the plaintiffs. The crux of the case revolves around whether SB 458 breaches the single subject rule. The Montana Constitution mandates that bills, with few exceptions, focus on one central issue clearly stated in the bill’s title.
Plaintiffs contended that the bill’s title, “an act generally revising the laws to provide a common definition for the word ‘sex’ when referring to a human,” does not disclose the legislation’s actual content.
