THE POLICY LANDSCAPE
Rights, restrictions & the places between.
Legal recognition · Legal sex definitions
Montana
Restriction reported
Code-wide statute defines sex by reproductive biology, in force since Mar. 24, 2026; PI motion pending
- Laws cited
- 2025 Mont. Laws ch. 778 (SB 437), § 1 ('Terms of wide applicability', codified in Mont. Code Ann. Title 1, ch. 1, pt. 2 per § 67, replacing repealed § 1-1-201 per § 66); signed and effective Mar. 24, 2026 (§ 69, effective on passage and approval)
- In effect since
- Instrument
- Statute
- Litigation
- Edwards v. State of Montana, No. DV-23-1026 (Mont. 4th Jud. Dist. Ct., Missoula County, Judge Leslie Halligan; filed Oct. 2023). Order on Cross Motions for Summary Judgment (Dkt. 54, Feb. 18, 2025) declared SB 458 (2023) facially unconstitutional under the Montana Constitution's equal-protection and privacy guarantees and, in ordering paragraph (3), enjoined defendants 'from directly or indirectly enforcing SB 458, or any law with the same effect.' After SB 437 was signed, the court allowed a supplemental complaint adding it (Dkt. 99, May 7, 2026); plaintiffs had moved for a TRO and preliminary injunction (Dkt. 86, Apr. 6, 2026). The Order Denying TRO (Dkt. 111, May 22, 2026) denied the TRO because the likelihood-of-success analysis 'warrants further briefing and a hearing', described 'the threshold issue' as 'whether SB 437 is materially distinguishable from SB 458', and set a preliminary-injunction hearing for June 19, 2026. No ruling on the preliminary injunction was located as of 2026-09-22, so no order is known to block SB 437. Related: Reagor v. State, No. DV-23-1245 (Mont. 4th Jud. Dist. Ct. June 25, 2024) permanently enjoined SB 458 for a single-subject title defect (Dkt. 54 n.1); Kalarchik v. State, No. ADV-24-261 (Mont. 1st Jud. Dist. Ct.) concerns birth certificates and driver's licenses (single-subject, other atlas area).
- Researched
- (Date of the primary-source research; not a legal effective date)
From the source text
An individual's sex is rooted in reproductive anatomy and is in no way influenced or defined by one's psychological state, behavior, expression, or personal identity.
Sources
Policy sources
- SB 437 (2025), Montana Legislature Bill Explorer: status history, Chapter 778, effective 03/24/2026 (all sections)(opens another site)
- SB 437 enrolled text (Authorized Print Version; LegiScan locator)(opens another site)PDF, external
Court sources
- Edwards v. State, No. DV-23-1026 (Mont. 4th Jud. Dist. Ct., Missoula County, Feb. 18, 2025), Order on Cross Motions for Summary Judgment (Dkt. 54)(opens another site)PDF, external
- Edwards v. State, No. DV-23-1026 (Mont. 4th Jud. Dist. Ct., Missoula County, May 22, 2026), Order Denying TRO and Setting Hearing on Preliminary Injunction Motion (Dkt. 111)(opens another site)PDF, external
Researched from primary sources
Trans Data Initiative research. Researched from primary sources (enacted text, the code on official sites, executive orders, court orders), starting from the Trans Data Initiative legislation tracker's bills. Each determination was checked independently by a second researcher; disputes were settled by a third review. No other tracker's descriptions were used.
A record is what a source reported on the date it was captured, not a legal effective date. An unobserved record is not a finding that no restrictions exist.
Dated records for Montana in this area
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Code-wide statute defines sex by reproductive biology, in force since Mar. 24, 2026; PI motion pending
2025 Mont. Laws ch. 778 (SB 437), § 1 ('Terms of wide applicability', codified in Mont. Code Ann. Title 1, ch. 1, pt. 2 per § 67, replacing repealed § 1-1-201 per § 66); signed and effective Mar. 24, 2026 (§ 69, effective on passage and approval)