The proposed bill seeks to revise and codify the definitions of "sex," "female," and "male" in Montana law, establishing that "sex" is strictly defined by biological characteristics, specifically chromosomes and reproductive systems, rather than gender identity or sexual intercourse. It asserts that there are only two sexes—male and female—and introduces clear definitions for both terms. The bill amends multiple sections of the Montana Code Annotated (MCA) to remove previous definitions of "sex" and replace them with these new definitions, ensuring consistency across various statutes related to discrimination, employment, and education. The bill is designed to take effect immediately upon passage.
In addition to the definitions of sex, the bill addresses parental rights, emphasizing that government entities must demonstrate a compelling interest before interfering with a parent's ability to direct their child's upbringing. It outlines a comprehensive list of parental rights, including the ability to make decisions regarding education and health care, and mandates parental consent for children to use pronouns that do not align with their biological sex. The bill also includes provisions to protect residents in mental health facilities, enhance the rights of individuals with disabilities, and streamline regulations for recreation and tourist services. Overall, the legislation aims to clarify existing laws while reinforcing individual rights and protections against government interference.
Statutes affected: LC Text: 2-18-208, 7-15-4207, 7-34-2123, 13-27-408, 13-35-301, 13-38-201, 20-7-1306, 20-7-1703, 20-9-327, 20-25-501, 20-25-707, 22-2-306, 33-1-201, 35-20-209, 39-2-912, 40-1-107, 40-1-401, 40-5-907, 40-5-1031, 40-6-701, 40-6-703, 41-5-103, 42-2-204, 45-5-625, 46-19-301, 46-19-401, 49-1-102, 49-2-101, 49-3-101, 50-5-105, 50-5-602, 50-11-101, 50-15-101, 50-19-103, 50-60-214, 53-20-142, 53-21-121, 53-21-142, 53-24-310, 60-5-514, 60-5-522, 61-5-107, 72-1-103