Bill to define “sex” passes Montana Senate, may jeopardize UM’s federal funding
A bill that would legally define “sex” as a binary based on egg and sperm production passed the Montana Senate and is now in committee in the House. Opponents of the bill have criticized it for being transphobic and scientifically inaccurate, while proponents, such as its sponsor Carl Glimm, a Republican from Kila, argue that a clear definition of sex is necessary.
The Legislative Fiscal Division note officially attached to the bill states that it would have no monetary effect on the state. But a later fiscal analysis from the Legislative Fiscal Division states that Senate Bill 458 could put all of Montana’s federal funding at risk due to how it might conflict with federal nondiscrimination law — that includes the Montana University System.
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In addition to potentially excluding intersex people, this bill would also force transgender Montanans to be identified by their sex assigned at birth in many situations involving government documents.
“I am in opposition to Senate Bill 458 because it is utilizing the Montana Code to legally erase trans, nonbinary, intersex and Two-Spirit people. It is discrimination against our community from cradle to grave,” Missoula Democrat and Montana’s first openly transgender legislator Zooey Zephyr said.
Even though Montanans can change their listed sex on their birth certificate, this bill’s definition of sex would apply to marriage and death certificates, many documents in the criminal justice system and drivers’ licenses. All of these documents would need to use assigned sex at birth.