ACLU of Montana challenges law defining the word ‘sex’ in state code as only male or female

By AMY BETH HANSON
Associated Press

HELENA, Mont. (AP) — The ACLU of Montana has filed a lawsuit challenging a new law that defines the word “sex” throughout state code as only male or female, based on a person’s biology at birth. The plaintiffs argued Monday that the law denies legal recognition and protections to transgender, two spirit and intersex individuals, who do not fall under the law’s narrow definitions. The sponsor of the legislation that took effect Oct. 1 said it was needed to clarify from a legal standpoint that the words “sex” and “gender” are not interchangeable. That argument followed a ruling by a state judge in 2021 in a case over whether transgender individuals could change the sex on their birth certificates.