Montana has passed Senate Bill 458, which revises the state’s definition of “sex” to be strictly binary. The word’s definition is now reproduction-based, creating new definitions for only two options: “male” and “female.” These terms do not factor in an individual’s psychological, behavioral, social aspects, chosen identity, or subjective gender experience.
The Act provides the following definitions:
- “Sex” means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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 unambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, behavioral, social, chosen, or subjective experience of gender.
- “Female” means 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. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is female.
- “Male” means 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. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is male.
Additionally, the Act amends the Montana Human Rights Act by adding the new definition of “sex.” This change is particularly important to be aware of because “sex” is one of the protected categories under the Act.
We advise employers to familiarize themselves with this legislation, as it will take effect on October 1, 2023.
