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Bill > SB437


MT SB437

MT SB437
Revise definition of sex in Montana law


summary

Introduced
02/24/2025
In Committee
03/17/2025
Crossed Over
03/07/2025
Passed
04/11/2025
Dead

Introduced Session

2025 Regular Session

Bill Summary

AN ACT FOR THE CODIFICATION AND GENERAL REVISION OF THE LAWS RELATING TO THE DEFINITION FOR THE WORDS SEX, FEMALE, AND MALE, MAN, WOMAN, FATHER, AND MOTHER WHEN REFERRING TO A HUMAN; PROVIDING THAT THE DEFINITION OF SEX REFERS TO BIOLOGICAL SEX AND NOT GER IDENTITY OR SEXUAL INTERCOURSE; PROVIDING THAT THE DEFINITION OF SEX IS LIMITED TO TWO TYPES OF SEXES WHICH ARE REFERRED TO AS MALE AND FEMALE; PROVIDING THAT THE DEFINITIONS OF MALE, AND FEMALE, MAN, WOMAN, FATHER, AND MOTHER REFER TO BIOLOGICAL SEX AND NOT SUBJECTIVE GER IDENTITY; CLARIFYING THE MEANING OF THE TERM "GER"; AMING SECTIONS 2-18-208, 2-18-606, 7-15-4207, 7-34-2123, 10-2-403, 13- 27-408, 13-35-301, 13-38-201, 13-38-203, 13-38-205, 19-2-802, 20-6-808, 20-7-1306, 20-7-1703, 20-9-327, 20-11-116, 20-25-501, 20-25-707, 22-2-306, 23-2-505, 33-1-201, 35-20-209, 39-2-912, 39-29-101, 39-71-401, 40-1-107, 40-1-311, 40-1-401, 40-5-804, 40-5-907, 40-5-1031, 40-6-701, 40-6-703, 41-3-210, 41-5-103, 42-2- 204, 44-2-411, 44-2-412, 45-5-625, 46-18-101, 46-19-301, 46-19-401, 49-1-102, 49-2-101, 49-3-101, 50-4-720, 50-5-105, 50-5-602, 50-11-101, 50-15-101, 50-19-103, 50-19-501, 50-60-214, 53-20-142, 53-21-121, 53-21- 142, 53-24-310, 53-30-312, 60-5-514, 60-5-522, 61-5-107, 72-1-103, 72-17-106, AND 90-14-104, MCA; REPEALING SECTION 1-1-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

AI Summary

This bill revises the legal definition of sex, female, male, man, woman, father, and mother in Montana state law, establishing a strictly biological interpretation of these terms. Specifically, the bill defines sex as being exclusively determined by reproductive anatomy, with only two possible sexes: male and female, based on the type of gamete (sperm or eggs) an individual is capable of producing. The definition explicitly rejects gender identity as a factor in determining sex, emphasizing that an individual's sex is rooted solely in their reproductive anatomy and is not influenced by psychological state, behavior, expression, or personal identity. The bill amends numerous existing statutes across various areas of Montana law, including employment, education, healthcare, and criminal justice, to replace previous definitions with this new biological-based definition. For example, in contexts ranging from driver's license applications to athletic team classifications, sex will now be defined strictly based on an individual's reproductive system and potential gamete production. The bill also repeals the existing general definitions statute and provides an immediate effective date, signaling the Legislature's intent to create a clear, binary understanding of sex that is exclusively based on biological reproductive characteristics.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Signed by President (on 04/21/2025)

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