The fate of a Montana law that defines sex as binary based on chromosome and reproductive organs is now in the hands of a Missoula judge.
Representatives from the ACLU of Montana and the state Attorney General’s Office presented their arguments in front of 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 a summary judgment, the case will proceed to trial.
Senate Bill 458, introduced by Sen. Carl Glimm, R-Kila, during the 2023 session, made amendments to over three dozen sections of the state code to explicitly define “sex” as either male or female. The legislation stipulates that females must produce eggs and males must produce sperm.
Opponents of the bill raised concerns during the session that it would effectively exclude transgender and intersex individuals from state law. They warned that it could lead to discrimination and inaccurately define individuals by restricting their “sex” choices to only two options.
Gender pertains to internal and social identity, which may align with sex but is distinct. Gender is influenced by social constructs that evolve with time and vary among societies. Sex, on the other hand, refers to biological traits like chromosomes, hormones, or reproductive anatomy that can be medically altered.
SB 458 does not acknowledge gender aside from stating that sex is determined irrespective of an individual’s “subjective experience of gender.”
The ACLU of Montana filed a lawsuit challenging the law on the basis that it violates the Montana Constitution. They also filed a motion for summary judgment, aiming to declare the law void without a trial.
Kyle Gray from Holland & Hart presented arguments on behalf of the plaintiffs. The core argument revolves around SB 458 violating the single subject rule. Montana’s Constitution mandates that bills, with few exceptions, focus on a single main issue clearly outlined in the title, ensuring transparency for the public and lawmakers.
