Montana law would define sex by biological traits across state rules

Montana law would define “female” and “male” using reproductive biology and would define sex as two biological sexes: male and female. The definitions would apply across the Montana Code unless a law’s context requires otherwise. The definitions rely on chromosomes, reproductive cells, reproductive systems, gonads, and genitalia present at birth. A person who would otherwise meet a definition but has a biological or genetic condition would still be included. The definition excludes psychological, behavioral, social, chosen, or subjective gender experience. The text says the provisions would take effect on passage and approval.

Schools and other covered institutions would have to label each athletic team as male, female, or coed based on biological sex. The rule would cover public elementary and high schools, public colleges, and schools or institutions whose teams compete against public schools or colleges. Teams designated for females, women, or girls could not be open to students of the male sex. The text labels this section temporary and says it is void if a stated legal contingency occurs. The text says the act would take effect on passage and approval, subject to the temporary section’s stated contingency.

School districts would have to create procedures for written parent consent before a child uses pronouns that do not match the child’s sex; parents could also withhold consent for opposite-sex sleeping arrangements on school trips. The rules would apply to children enrolled in Montana school districts and to school-sponsored trips involving shared rooms or sleeping quarters. If a parent gives written consent for different pronouns, no person could be compelled to use those pronouns. A child whose parent withholds consent for shared sleeping quarters would still be allowed to attend the trip and receive reasonable separate accommodations. The text defines opposite sex using the bill’s biological-sex definition. The text says the act would take effect on passage and approval.