Montanans move for summary judgment in lawsuit challenging law that defines sex as binary
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
News from Upper Seven Law
MISSOULA — On Thursday, Feb. 22, 2024, a group of Montanans, including transgender and intersex individuals and the Montana Two Spirit Society, moved for summary judgment in Edwards v. Montana—a lawsuit challenging Montana Senate Bill 458 (2023).
“Young trans people in Montana feel as if they are doomed, in part because of bills like SB 458,” said Kael Fry, a psychotherapist and transgender plaintiff in the case. “SB 458 is regressive; it sends a clear message to trans Montanans that their State doesn’t want them, and it signals to transphobic people and businesses that they are free to harass and discriminate.”
Contrary to the teachings of biology and medicine, SB 458 refers to individuals’ body parts to define their sex “without regard to an individual’s psychological, behavioral, social, chosen, or subjective experience of gender.” The bill deliberately defines “male” and “female” to exclude Two Spirit, trans, nonbinary, and intersex Montanans from the concept of human beings in state law. Already, state agencies like the Department of Public Health and Humans Services are implementing discriminatory policies pursuant to SB 458—including prohibiting changes to one’s sex on a birth certificate.
“SB 458 forces Two Spirit people to reject their culture and assimilate to a gender binary,” said Raven Heavy Runner with the Montana Two Spirit Society. “Failing to recognize the legitimacy of Two Spirit existence is degrading, discriminatory, and an affront to tribal sovereignty.”
Under any reading, SB 458 is unconstitutional. The Montana Constitution guarantees plaintiffs the rights to equal protection, privacy, and dignity—and it protects them from being defined out of existence and will not allow the State to deny them legal protections afforded other Montanans.
“The so-called definitions of SB 458 fail to account for intersex people,” said plaintiff Eden Atwood. “This bill endangers children born with intersex traits by paving the way to perform medically unnecessary surgeries and robbing them of their rights to bodily autonomy and self-determination.”
Plaintiffs are represented by the nonprofit law firm Upper Seven Law.
