A Montana judge is striking down a state law defining “sex” as either male or female, claiming that the law violates the Montana State Constitution.
In an order issued on Tuesday, Montana District Court Judge Shane Vannatta, the first Montana judge to openly identify as homosexual, declared Senate Bill 458 to be facially unconstitutional according to Montana state law.
The legislation, passed by the Legislature in 2023 and signed into law by Gov. Greg Gianforte, a Republican, revised state law to declare:
In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an…
