Judge strikes down Montana law defining gender as exclusively male or female on procedural grounds

In this March 15, 2021 photo, demonstrators gather on the steps of the Montana State Capitol to protest anti-LGBTQ+ legislation in Helena, Montana, March 15, 2021. A judge on Tuesday invalidated a Montana law that defined “gender” in state law as exclusively male or female, considering them unconstitutional. (Thom Bridge/Independent Record via AP, File)

MISSOULA, Mont. (AP) – A judge on Tuesday struck down a Montana law that defined “gender” in state law as only male or female, ruling it unconstitutional.

Circuit Court Judge Shane Vannatta in Missoula ruled that the law passed last year violated the state constitution because the law’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, saying it denies legal recognition and protection to gender non-conforming people. Vannatta did not address this argument, simply stating that the title of the bill does not clarify whether the word “sex” refers to sexual intercourse or sex, nor does it indicate that the words “woman” and “man” will be defined in the text of the bill Bill.

“The title does not generally communicate the nature of the legislation in a way that protects against deceptive or misleading titles,” Vannatta wrote.

The bill was approved during a legislative session in which a ban on gender-affirming medical care for transgender minors was also passed and transgender Democratic Rep. Zooey Zephyr was kicked off the House floor following a protest against Republican lawmakers who silenced her.

The bill, which was rejected by Vannatta, was sponsored by Republican Sen. Carl Glimm, who said it was necessary after a 2022 court ruling in which a state judge found transgender residents could change the gender markers on their birth certificates.

Sean Southard, a spokesman for Republican Gov. Greg Gianforte, said the governor is proud of the bill he signed, which he said codified a long-recognized, commonsense definition of sex.

“Words matter. And this administration is committed to making words matter, unlike this judge who apparently needs a dictionary to distinguish a noun from a verb,” Southard said.

Emilee Cantrell, spokeswoman for the Montana Attorney General’s Office, said it will continue to defend a law that “reflects scientific reality.”

The American Civil Liberties Union of Montana praised the ruling.

“Today’s ruling is an important affirmation of the protections the Montana Constitution provides for legislative enactments,” said the group’s legal director, Alex Rate.