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Montana politics, elections and legislative news

Gov. Gianforte signs bill defining sex as binary – after a year-long delay

House Speaker Brandon Ler, R-Savage, confers with House Minority Leader Katie Sullivan, D-Missoula, on the House floor March 6, 2025.
Eric Dietrich
/
MTFP
House Speaker Brandon Ler, R-Savage, confers with House Minority Leader Katie Sullivan, D-Missoula, on the House floor March 6, 2025. 

Gov. Greg Gianforte has signed a new bill into law, nearly a year after the last legislative session ended. The Speaker of the House says he delayed the policy to prevent it from getting tied up in an existing lawsuit.

Republican Speaker Brandon Ler, of Savage, said last August he would hold the policy back. It defines male and female in state law as binary, and would eliminate legal recognition of transgender, nonbinary and intersex Montanans.

Republicans passed a similar law in 2023. Two lawsuits were filed against it, and one resulted in the court striking down the law.

But the other suit is still pending. The plaintiffs, represented by Upper Seven Law, indicated they would add the new 2025 law to their existing legal challenge if it passed the Legislature.

In a statement regarding his decision to delay signing, Ler said the policy should be evaluated on its own merits, not folded into broader challenges.

Once Ler signed the bill this week, it advanced to Gov. Greg Gianforte, who enacted it shortly after.

However, the 2023 suit is still active. Upper Seven Law plans to ask the court to accept a supplemental challenge to the 2025 law to avoid having to file a new suit.

Shaylee covers state government and politics for Montana Public Radio.

Please share tips, questions and concerns at 406-539-1677 or shaylee.ragar@mso.umt.edu
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