MISSOULA, Mont. — A judge on Tuesday struck down a Montana law that defined “sex” in state law. as only man or womanconsidering it unconstitutional.
District Court Judge Shane Vannatta in Missoula ruled that the law, passed last year, violated the state constitution because the description of the legislation did not clearly state its purpose.
Transgender, nonbinary, intersex and other plaintiffs challenged the law, similar to those passed in Kansas and Tennessee, because they said it denies legal recognition and protection to gender non-conforming people. Vannatta did not address that argument and simply found that the bill’s title did not explain whether the word “sex” referred to sexual relations or gender, and did not indicate that the words “female” and “male” would be defined in the project body. the invoice.
“The title does not give general notice of the character of the legislation in a manner that protects against misleading or deceptive titles,” Vannatta wrote.
The bill was passed during a legislative session in which a ban on gender-affirming healthcare for transgender minors and saw transgender lawmaker Democratic Rep. Zooey Zephyr expelled from the plenary session of the Housefollowing a protest against the Republican legislators who had silenced her.
The law that was rejected by Vannatta was sponsored by Republican Senator Carl Glimm, who said the legislation was necessary after a 2022 court ruling in which a state judge said transgender residents could change the gender markers on your birth certificates.
Sean Southard, a spokesman for Republican Gov. Greg Gianforte, said the governor is proud of the law he signed, which he said codifies the long-recognized and common-sense definition of sex.
“Words matter. And this administration is committed to ensuring that words have meaning, unlike this judge, who apparently needs a dictionary to discern the difference between a noun and a verb,” Southard said.
Emilee Cantrell, a spokeswoman for the Montana Attorney General’s Office, said she would continue to advocate for a law “that reflects scientific reality.”
The American Civil Liberties Union of Montana praised the ruling.
“Today’s ruling is an important vindication of the safeguards that the Montana Constitution imposes on the law,” said the group’s legal director, Alex Rate.
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