Home WebMail Friday, November 1, 2024, 06:33 AM | Calgary | -3.8°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Posted: 2023-03-17T00:25:19Z | Updated: 2023-03-17T11:23:12Z

Republicans in Montana are moving forward with legislation that advocates say would effectively eliminate the legal existence of trans, nonbinary, two-spirit and intersex people in the state by codifying the definition of sex to be based on a persons reproductive system.

The 61-page bill, SB 458 , is part of a torrent of anti-LGBTQ legislation that Republicans are seeking to implement nationwide. According to experts, the bill would leave trans, nonbinary and two-spirit folks out of policies against discrimination and would ban same-sex marriage, among many other legal implications. (Same-sex marriage is currently protected by federal law.)

I think this bill is trying to solve a problem that doesnt really exist, and in doing so, theyre using a really faulty understanding of biology to try to change the legal code in ways that I dont think theyve fully thought through, Dr. Lauren Wilson of the American Academy of Pediatrics told HuffPost.

Introduced in late February by Montana state Sen. Carl Glimm and passed via an initial vote in the state Senate, the bill would define sex as the organization of the body and gametes for reproduction in human beings and other organisms and states that among human beings, there are exactly two sexes, male and female, with two corresponding gametes.

In order to be considered a female, the bill says, a person would have to produce a relatively large, relatively immobile gamete, or egg, during her life cycle and have a reproductive and endocrine system oriented around the production of that gamete. For males, a person would have to produce small, mobile gametes, or sperm, during his life cycle and have a reproductive and endocrine system oriented around the production of that gamete.

After some debate, the bill was amended to include some exceptions for intersex individuals, who are born with anatomy or chromosomes that dont fit into a male or female binary. However, the bill forces these individuals to align with the male or female gender, ignoring years of biological research that recognizes the existence of dozens of variations on the intersex spectrum.

Wilson added that some intersex people are not easily or neatly placed into the bills definitions of male or female.

Some intersex people, they identify themselves as a third category, Wilson said. Having the definitions really be centered around peoples reproductive capacity means that there are certain people who just will never be able to be categorized that way. And this bill appears to give them no legal status whatsoever, she added.

This misdefining of sex has massive implications on everyone in the state of Montana.

- Shawn Reagor, Montana Human Rights Network

Experts say the bill would make it nearly impossible for people who dont fall into the bills stringent categories of sex to live in Montana without misgendering themselves, outing themselves or facing everyday roadblocks.

This misdefining of sex has massive implications on everyone in the state of Montana, Shawn Reagor, the Montana Human Rights Networks director of equality, told HuffPost. The bill itself is 61 pages long and touches over 41 pieces of code and inserts these inaccurate and frankly disturbing definitions of sex that are definitions that take us back hundreds of years of understanding of biology and completely erase intersex people and try to miscategorize trans people.

Kyndra Nevin, a volunteer at the Montana Gender Alliance, told HuffPost that the bill is likely the worst thing theyve ever seen in anti-trans legislation efforts nationwide.

It seems like the point is the cruelty, and as hard as they can make it for trans people to exist in this state the better, as far as theyre concerned. Basically, it seems like its just a campaign to drive trans people out of public life in Montana, and maybe out of the state altogether, Nevin said. Because this bill is so bad that its going to make it harder for all of us to navigate public life altogether, everywhere from looking for jobs, trying to get into schools, things like that. Theyre basically erasing us from, I guess, existence, as far as being defined as a person in Montana.

Montana lawmakers have passed other harsh pieces of anti-LGBTQ legislation, such as SB 99, a bill aimed at limiting gender-affirming care for minors that is currently awaiting a vote in the state House. Theres also been an effort, by way of HB 359 , to ban minors from attending drag shows. The House approved it on Feb. 24, and the bill currently sits in the Senate.

Your Support Has Never Been More Critical

Other news outlets have retreated behind paywalls. At HuffPost, we believe journalism should be free for everyone.

Would you help us provide essential information to our readers during this critical time? We can't do it without you.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give once or many more times, we appreciate your contribution to keeping our journalism free for all.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give just one more time or sign up again to contribute regularly, we appreciate you playing a part in keeping our journalism free for all.

Support HuffPost

According to the Movement Advancement Project , approximately 30,000 people in the state 13 and older identified as LGBTQ as of 2020. But Montana Republicans outsized obsession with implementing policies to muzzle LGBTQ expression and identities in its culture war persists.

I think its really important that people know, especially folks in the trans, nonbinary and two-spirit community know, that there are people that are fighting for them and that we will do everything that we can to prevent these bills from being implemented, Reagor told HuffPost. And whether theyre in Montana or Louisiana, trans people belong in this country. Weve been here for thousands of years, and were going to continue to exist.

Glimm, the bills author, did not immediately respond to HuffPosts request for comment.