Montana Gov. Gianforte Signs Sex-Definition Bill Defining Sex as Binary

Gianforte signed SB 437 nearly a year after the Legislature passed it.

“What to know about Montana’s new sex definition bill Nearly a year after it passed the Legislature, Gov”

Associated Press

The bill defines sex as binary based on reproductive anatomy.

Associated Press

It removes references to sex chromosomes and adds definitions of man, woman, father, and mother.

Gender must be considered a synonym for sex and not for gender identity or expression.

The bill sat with Speaker Ler for four months after the session ended.

Ler delayed to prevent entanglement in an existing lawsuit.

Flathead Beacon

Once Ler signed, it advanced to Gianforte who enacted it shortly after.

The 2023 suit remains active and plaintiffs plan to add the 2025 law.

Critics warn the law could exacerbate discrimination against LGBTQ+ Montanans.

The 2023 law was declared unconstitutional twice.

Democratic Representative Zooey Zephyr criticized the definitions as rooted in ignorance and hate.

The 2023 law had specified no requirement for medical treatment for intersex individuals.

The 2025 version removes this provision.

Associated Press