MISSOULA, Mont. — A judge on Tuesday struck down a Montana law that defined “sex” in state law as just man or womanconcluding that it was unconstitutional.
District Court Judge Shane Vannatta in Missoula ruled that the law, passed last year, violated the state constitution because the legislation’s description did not clearly state its purpose.
Transgender, non-binary, intersex and other plaintiffs challenged the law, similar to those passed in Kansas and Tennessee because they said it denies legal recognition and protections to gender non-conforming people. Vannatta did not address this argument, simply concluding that the bill’s title did not explain whether the word “sex” referred to sexual intercourse or gender, and did not indicate that the words “female” and “male” would be defined in the body of the bill. the bill.
“The title does not give a general idea of the character of the legislation in a way that protects against misleading or misleading titles,” Vannatta wrote.
The project was approved in a legislative session that also approved a ban on gender-affirming medical care for transgender minors and saw transgender lawmaker, Democratic Rep. Zooey Zephyr expelled from the Chamber plenaryfollowing a protest against the Republican lawmakers who silenced her.
The law struck down by Vannatta was sponsored by Republican Sen. Carl Glimm, who said the legislation was needed after a 2022 court ruling in which a state judge said transgender residents could change the gender markers on your birth certificates.
A spokesperson for Republican Gov. Greg Gianforte, who signed the bill, did not immediately return an after-hours email seeking comment on the decision.
The American Civil Liberties Union of Montana praised him.
“Today’s ruling is an important vindication of the safeguards the Montana Constitution imposes on legislative enactments,” said the group’s legal director, Alex Rate.
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