The 2025 Montana Legislature has passed Senate Bill 437, sponsored by Sen. Carl Grimm, R-Kila, which aims to clearly define an individual’s sex as only male or female based on their biology. The bill, which passed 55 to 44 in the House, will now go to the governor for approval. Under the legislation, those with XX chromosomes will be legally defined as female, and those with XY chromosomes will be legally defined as male, with exceptions for individuals with congenital conditions. These genders will need to be used for government documents like driver’s licenses and birth certificates.
This bill comes after a similar law passed in 2023, but was ruled unconstitutional by a state district court judge in Missoula. Supporters of SB 437 argue that it is necessary to establish legal definitions, while opponents argue that it targets and stigmatizes transgender Montanans. The 2023 law is currently under appeal.
The passage of SB 437 has sparked controversy and debate in Montana, with activists on both sides of the issue voicing their opinions. The future implications of this legislation remain to be seen, as the debate over gender identity and legal definitions continues to unfold.
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