MontanaSB 43769th Legislature, Regular Session (2025)SenateWALLET

Revise definition of sex in Montana law

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Bill Overview

Analyzed Economic Effects

41 provisions identified: 18 benefits, 6 costs, 17 mixed.

Montana bans same-sex marriage

The law bans marriage between two people of the same sex, using the law’s sex definition. Same‑sex couples cannot get a state marriage or the rights tied to it.

Reproductive laws use 'female' definition

Reproductive statutes use the law’s meaning for “female.” This can change who is covered or regulated under those rules.

Common definitions section repealed

The law repeals the code section that gave common definitions used across many laws. Without that anchor, agencies and courts must rely on other definitions. This can change how many laws are read and applied.

No sex bias in hospital care

Health care facilities must not discriminate using sex as defined in law. They cannot refuse to admit someone just for having an HIV‑related condition. Public hospital districts must admit people without regard to sex.

Recovery housing: meds allowed and disclosure

In a recovery residence, you are sober if you avoid alcohol and illegal drugs and take prescriptions as directed, including FDA‑approved opioid treatment medicines. Before a judge orders placement in a certified recovery residence, you must be told if the residence limits or bans narcotic meds or FDA‑approved treatments like buprenorphine.

State workers: fair pay and leave

The Department of Administration must remove sex-based bias from state job classes and pay schedules and compare job worth across male- or female-dominated groups. Permanent state employees who adopt a child or are a birth father can use up to 15 working days of sick leave right after birth or placement.

Anti-discrimination rules use sex definition

State civil rights and human rights laws use the law’s sex definition when banning discrimination. Workplaces, public places, and state contracts must follow these rules. Arts Council grantees must agree not to discriminate by sex to get funding.

Family-law terms tied to sex

Family‑law words like minor and parent use the law’s male and female terms and the defined father and mother. This can change who gets child support, guardianship, or medical support in a case.

DMV collects sex; shares donor data

License and ID applications must list your legal name, date of birth, sex, and address, plus other items like prior licenses, suspensions, and disability details. If you register as an organ donor, the Department of Justice sends your front‑of‑license data (name, gender, birth date, and recent address) to the federal organ procurement group. DOJ can charge actual costs for the first transfer; later electronic transfers are free. Organ procurement groups pay reasonable registry setup and upkeep into a DOJ special fund.

Who counts as a minor for tuition

For residency rules, a minor is a male or female, as defined in law, who is under 18. Schools use this to decide in-state tuition and related student rules.

Accessibility fixes when you remodel

When you alter a primary function area, you must also make the path of travel and serving restrooms accessible. You may limit these fixes if their cost is more than 20% of the main alteration cost. Prioritize items like accessible restrooms for each sex or a single unisex restroom when allowed.

Criminal rules updated on sex terms

Sexual conduct for child‑abuse laws now includes intercourse between the same or opposite sex as defined. Sentencing must be neutral with respect to gender. These updates guide prosecutions and court sentencing.

Parents control school trip rooming

Schools use the law’s sex definition to decide who is the opposite sex for trip rooming. Parents must be told and must give consent before a child shares sleeping quarters with the opposite sex. If a parent does not consent, the child still goes and gets a reasonable place to sleep.

Veterans’ preference parent terms set

Veterans’ preference rules use the law’s meanings for father and mother. This clarifies who counts as an eligible relative for employment preference.

Order of survivor payments clarified

For some direct payments of accrued lump-sum or retirement benefits without probate, “father” and “mother” follow the statute’s definitions. This can change which surviving relatives get paid.

Family doctors serve all sexes

Family‑practice doctors’ duties are not limited by a patient’s age or sex as defined in law. This clarifies access to comprehensive primary care.

Mental health patients’ interaction rights

Patients in mental health settings have a right to supervised chances to interact with people of the opposite sex, as defined in law. A treating professional can limit this only if documented in the treatment plan. Any written limit must be reviewed and renewed if it continues.

Right to breastfeed in public

A mother has the right to breastfeed her child anywhere she is allowed to be. Local governments cannot ban public breastfeeding. Breastfeeding is not a nuisance or indecent exposure.

Treatment minor is under 18

For alcohol and drug services, a “minor” is anyone under 18, no matter their sex. This makes who can get prevention or treatment clearer.

Veterans’ homes consider gender for placement

When placing applicants in Montana veterans’ homes, officials must consider the applicant’s gender, as defined in law, and available living space. This applies to veterans, spouses, and surviving spouses.

ESA schools must not discriminate

Private schools in the special needs education savings account program cannot discriminate by sex as defined in law, or by race, religion, age, disability, or national origin. They must also follow local health and safety rules. This affects which schools can accept ESA funds.

Job protections tied to sex definition

Employers in the covered state program must not discriminate by sex as defined in law to stay eligible. Laws against firing for protected traits now use the same sex definition. This clarifies worker protections from discriminatory discharge.

Workers’ comp family exemptions clarified

Workers’ compensation family-member exemptions now use the law’s definitions of family terms like “mother” and “father.” This can change which relatives a small business can exempt from coverage.

Elections materials must avoid prejudice

The Secretary of State can reject voter pamphlet entries that incite hatred or shame by race, color, religion, or sex as defined in law. Rejection needs approval by the Attorney General. Candidates may not make appeals to prejudice based on race, sex, creed, or national origin.

More data in missing persons reports

The missing indigenous persons task force must include age and gender (as defined) in yearly reports to the state‑tribal relations committee. The grant program’s form must also capture gender data. A competitive grant goes to one tribal entity, with optional matching grants to tribal agencies. The program ends June 30, 2033.

Stronger tracking of child sex abuse cases

If a report or investigation happens and the accused is 12 or older, the county attorney must gather all case materials and agencies must provide them. The county attorney must give a written receipt to the reporter with the date and the alleged victim’s age and gender. Records must be kept for 25 years. County attorneys must report case data to the Attorney General on January 1 and June 1. The Attorney General provides a reporting form, treats the data as confidential, and gives an annual report by August 15 that can name nonreporting counties.

Educator payments to youth facilities

The Department of Corrections sends the quality educator payment to Pine Hills and the contracted female youth facility. This changes who gets the money, not how much is paid.

Boat owners face consent presumption

If certain family members, like a spouse or parents, control a boat, the law presumes the owner knew and agreed. This can make owners more likely to face lawsuits after accidents.

Marriage forms require sex info

Marriage license applications must list each party’s sex as defined in law, along with name, address, and birth details. Declarations of marriage without a ceremony must include the parties’ names, ages, addresses, and each party’s father and mother’s maiden name as defined in law.

Mental health petitions need sex info

A mental health commitment petition must list the respondent’s name, address if known, age, sex as defined, marital status, and job. Petitioners must give this information to the court and interested parties.

Small-business signs require nondiscrimination

To be listed on state specific-information or tourist directional signs, a business must assure it follows public accommodation laws, including rules about sex as defined in law. Violations can remove the business from these signs.

Presumed knowledge of pregnancy risk

If someone has sex with a person of the opposite sex as defined in law, they are presumed to know pregnancy can result. This affects paternity notice and registry issues.

Birth, death, and probate terms updated

Vital records now use the law’s meanings for father, mother, and sex. Probate terms like “testator” apply to a person of either sex as defined. This can affect how identity papers and court filings are completed and read.

Prenatal blood test at first visit

At the first prenatal visit, the provider must take and submit a blood sample for the standard prenatal serology test. The patient may refuse the sample. A provider who breaks this rule can face a misdemeanor.

Girls’ and boys’ teams by sex

Public schools and colleges must label athletic teams as male, female, or coed using the law’s sex definition. Teams for females, women, or girls may not include students of the male sex. This applies to interscholastic, intercollegiate, intramural, and club teams and opponents that play them.

Parental OK for pronouns and clubs

Schools must get a parent’s written consent before a child uses pronouns that do not match the child’s sex in the law. Even with consent, school staff cannot be forced to use those pronouns. Parents can withdraw their child from lessons or events they find objectionable. Schools must tell parents about clubs and require a signed parent permission form before any school club or activity.

Boards should reflect gender balance

Some boards and commissions should be gender‑balanced as defined in law. Community corrections boards must have 3–7 members, include law enforcement, probation/parole, and a public member, and seek gender and racial balance. Certain nonprofit foundations must show board diversity that includes gender. The Commission on Community Service should be balanced by gender and other traits when possible.

Montana sets statewide sex definition

Montana law defines sex by the type of gamete a person can produce. The word “gender” means the same as sex in state law. State agencies, courts, and laws must use these definitions. The act takes effect when the Governor signs it.

Party posts must be gender-balanced

Each political party must pick one precinct committee person of each sex. County and city committees must elect two state committee members, one of each gender. County committee chair and vice chair cannot be the same gender.

Prison compacts use state sex terms

The Western and Interstate Corrections Compacts define “inmate” as a male or female as the law defines it. This can affect transfers, placements, and confinement under those compacts.

Single-gender public charter and choice schools

Public charter and community choice schools may be formed to serve students of the same gender as the law defines. Traditional schools may convert or start such schools. If more students apply than seats, the school uses a lottery.

Sponsors & Cosponsors

Sponsor

Carl Glimm
Republican • Senate

Cosponsors

Lee Deming
Republican • House

Roll Call Votes

All Roll Calls

Yes: 204 • No: 141

Senate vote • 4/11/2025

Do Concur

Yes: 56 • No: 43