The potential 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.
During an oral argument in front of Judge Shane Vannatta of Missoula County District Court, lawyers from the ACLU of Montana and the state Attorney General’s Office presented their cases. Vannatta indicated that a ruling would be made soon. If the ruling favors the ACLU, the law would be nullified without the need for a trial. Otherwise, the case will proceed to trial.
Senate Bill 458, introduced by Sen. Carl Glimm, R-Kila, during the 2023 session, changed numerous sections of state code to explicitly define “sex” as male or female, based on specific biological criteria. According to the law, females must produce eggs, and males must produce sperm.
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Critics of the bill raised concerns during the session that it would exclude 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 only two possibilities.
Judge Shane Vannatta listens to remarks from both the plaintiffs and defendants during an oral argument hearing in a case challenging SB 458 at the Missoula County Courthouse on June 18.
Gender is linked to internal and social identity, distinct from biological sex. It is influenced by evolving social structures and varies across cultures. Sex, on the other hand, encompasses biological factors such as chromosomes, hormones, and reproductive anatomy that can be altered through medical intervention.
SB 458 does not address gender, other than stipulating that sex should be determined without considering an individual’s “subjective experience of gender.”
The ACLU of Montana has filed a lawsuit against the law, arguing that it violates the Montana Constitution. They have also sought a summary judgment to nullify the law without the need for a trial.
Representing the plaintiffs, Kyle Gray from Holland & Hart argued that SB 458 breaches the single subject rule. The Montana Constitution requires bills to address a single main issue, clearly stated in the title for transparency.
“You have to specifically outline the concept you are dealing with, which was not done in this bill,” Gray stated. “It clearly violates the single subject rule expressed in the title.”
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