The Fight to be Recognized Under Montana Law

Updating older understandings of scientific terminology is an important part in keeping our language modern and inclusive. Our understanding of sex and gender has changed, so a bill seeking to create a more inclusive definition, in legislation, is necessary for change.

Unfortunately, the definition proposed by SB 458 is far more archaic. The bill quite clearly states that “there are exactly two sexes, male and female.” Legislators are pulling their own definition from what they assume is indisputable scientific fact. Even biologically this definition does not hold up to our current understanding of science.

Bills targeting transgender individuals and the art of drag have been making their way into many Republican controlled states, including our own. Senate Bill 458, which is awaiting a vote in Montana’s Senate, is seeking to define “sex” in Montana law. The current Republican majority House and Senate has introduced several laws in the past month targeting LGBTQ+ groups and individuals. Unlike some of the more blunt bills targeting the LGBTQ+ community, Senate Bill 458 is far less crudely worded — yet equally as nefarious.

Updating older understandings of scientific terminology is an important part in keeping our language modern and inclusive. Our understanding of sex and gender has changed, so a bill seeking to create a more inclusive definition, in legislation, is necessary for change.

Unfortunately, the definition proposed by SB 458 is far more archaic. The bill quite clearly states that “there are exactly two sexes, male and female.” Legislators are pulling their own definition from what they assume is indisputable scientific fact. Even biologically this definition does not hold up to our current understanding of science.

People can be born intersex, meaning they have several sexual traits, which is naturally occurring and not discussed in the bill. This definition is based on religious ideology rather than indisputable scientific fact.

Senator Carl Glimm, R-Kila, is the sponsor for this bill. He previously attempted to pass legislation prohibiting sex education below sixth grade and is supporting an anti-abortion bill currently in voting circulation. The bill states that sex exists “without regard to an individual’s psychological, chosen, or subjective experience of gender.” The bill intends to categorize all intersex, nonbinary, genderfluid, transgender and twin spirit Montanans into two unrepresentative categories. The state seeks to no longer recognize the separation between gender and sex and the effects of this are especially dire to youth.

This is a bill attacking people both within and outside the gender binary and it effectively condemns the human right to discover that fluidity. If the state wishes to not recognize the deeply personal connection between gender, sex and pronouns, then what does this definition seek to accomplish within the Montana community? State legislation is, after all, the localized law created to benefit the specific people of the state.

This bill also claims to ensure fair athletic competition in schools. For such a “scientific” bill, they seem to not understand how hormones, and especially hormone replacement therapy, works. Why are a bunch of men so afraid of testosterone?

Lastly, the bill suppresses gender ideology in public schools. I’m pretty sure they will be forced to remove every book where a pronoun is present. A bill that effectively denies the existence of anyone should not even be in consideration. It is the job of state legislatures to work with each individual present in their community. It is also the role of each person to ensure that these lawmakers understand our discontent.

The safety of youth and the freedom to exist should not be in debate. The bill passed 6-3, with six Republicans on one side and three Democrats on the other. Six legislators choose to not recognize the existence of vulnerable youth, and they will decide my fate, along with many others.