Why Montana’s Two-Spirit People Are Challenging A State Law Defining Sex as Binary
(CNN) — As they fight to reclaim their history, some in Montana’s Two-Spirit community are challenging a state law that defines sex as binary because it “infringes” on their spiritual and cultural beliefs.
The law, Senate Bill 458, defines “male” and “female” based on the presence of XY or XX chromosomes as well as reproductive systems. The legislation, which took effect in October, inserts those definitions of male and female in several parts of the state’s legal code, impacting driver’s licenses, demographic records and the state’s anti-discrimination law.
In October, attorneys representing the Two-Spirit nonprofit Montana Two Spirit Society along with a group of transgender, intersex and nonbinary Montana residents, filed a lawsuit in Missoula County District Court challenging the law.
They argue the state’s definitions of sex “improperly categorizes many Montanans, excludes others from legal recognition entirely, and deprives them of the benefits and protections of myriad state laws.” The complaint also argues the law violates Montana’s individual dignity, equal protection, privacy and freedom of speech laws.
David Herrera, co-founder and executive director of the Montana Two Spirit Society, said it was important for the group to join the lawsuit because limiting gender goes against Indigenous traditions and cultures.
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