Judge Strikes Down Montana Law Defining Sex as Only Male or Female for Procedural Reasons

The Associated Press

 A judge on Tuesday struck down a Montana law that defined “sex” in state law as only male or female, finding that it was unconstitutional.

District Court Judge Shane Vannatta in Missoula ruled 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 ones passed in Kansas and Tennessee, because they said it denies legal recognition and protections to people who are gender-nonconforming. Vannatta did not address that argument, simply finding 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.







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