Montana governor signs law to define ‘sex’ as only male or female

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Republican Governor Greg Gianforte has signed a bill defining the word “sex” in state law as only male or female - joining Kansas and Tennessee, which have similar laws that LGBTQ+ advocates argue will deny legal recognition to nonbinary and transgender people.

Medical professionals say the laws also ignore that some people are born as intersex - a term that encompasses about 60 conditions in which a person is born with genitalia, reproductive organs, chromosomes and/or hormone levels that don’t fit typical definitions of male or female.

Other states have or are considering adopting similar legislation to Montana’s, to define “sex,” which would block residents from changing the identifying labels on their birth certificates and driver’s licenses. Laws in Kansas and Tennessee are scheduled to take effect on July 1, while Montana’s would take effect on Oct. 1.

The bill defines female as having XX chromosomes, and a reproductive and endocrine system that produces or would produce ova, or eggs. Male is defined as having XY chromosomes and a biological system that produces or would produce sperm. A bill before the Texas legislature was amended to allow a delay in reporting the biological sex of a child if it could not be determined at birth.

 

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