Montana law defining sex as only male or female is deemed unconstitutional by judge.

A Montana law that defined "sex" as only male or female was deemed unconstitutional by a judge, as the law's description did not explicitly state its purpose.

On Tuesday, District Court Judge Shane Vannatta struck down the 2023 law, ruling that it denies legal recognition and protection to people who identify as gender-nonconforming, as argued by a group of plaintiffs who identify as transgender, nonbinary, intersex, and other identities, according to The Associated Press.

Vannatta did not address the allegation that the bill lacked legal recognition and protection, but did mention that the bill's title did not clearly specify whether "sex" referred to gender or sexual intercourse, and that it did not indicate that "male" and "female" would be defined in the bill's body.

Vannatta wrote that the title does not provide a general warning against deceptive or misleading legislation.

Laws similar to those in Kansas and Tennessee have been passed in Montana, as stated in S.B. 458.

The bill aimed to establish a uniform definition of the term "sex" in reference to humans.

A person who is male undergoes normal development with XY chromosomes and produces or would produce sperm during their life cycle, while their reproductive and endocrine systems are geared towards sperm production.

"The bill defined "female" as a human species member with XX chromosomes, who produces or would produce large, immobile gametes (eggs) and has a reproductive and endocrine system focused on egg production."

The bill was backed by Republican state Senator Carl Glimm, who argued that the law was necessary following a 2022 court decision that allowed transgender individuals to modify their birth certificate gender markers.

The governor's spokesman, Sean Southard, informed The Associated Press that Republican Gov. Greg Gianforte is pleased with the law he signed, which he stated defines sex in accordance with long-established and widely accepted norms.

"This administration is dedicated to giving words significance, unlike this judge, who seems to require a dictionary to distinguish between a noun and a verb," Southard stated.

The Montana Attorney General's Office will persist in defending the law that aligns with scientific evidence.

The American Civil Liberties Union of Montana applauded the ruling.

The ACLU of Montana legal director, Alex Rate, stated that today's ruling is a significant validation of the safeguards present in the Montana Constitution that protect legislative enactments.

In 2023, during a legislative session, a bill was passed that prohibited gender transition treatment for minors. Additionally, transgender Democrat state Rep. Zooey Zephyr was expelled from the House floor after a demonstration against Republican lawmakers who had suppressed the Democrat's voice.

The Associated Press contributed to this report.