Montana’s Trans Erasure Law Declared Unconstitutional

metroweekly.com:

misleading for failing to define whether “sex” referred to a person’s gender or to the act of sexual intercourse and for failing to indicate that the terms “male” and “female” would be defined in the body of the bill.Vanatta added that while it is not his place to determine what the title of a bill denying transgender identity should be, he had grounds to overturn the law because its title did not sufficiently explain its core subject matter.

The underlying law passed last year. It is similar to others passed in Kansas and Tennessee, as well as an executive order issued by Republican Gov.

Kevin Stitt of Oklahoma.These laws seek to force state and school officials to only recognize a person’s gender as the sex they were assigned at birth, including with respect to pronouns, and to restrict transgender and nonbinary people from accessing single-sex spaces that align with their biological anatomy at the time of birth.Like the other measures, Montana’s law defines “male” as “a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes.”It defines “female” as “a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes.”Sponsored by State Sen.