- Feb 5, 2002
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A judge in Montana has struck down a state statute that says “there are exactly two sexes, male and female,” setting up a possible appeal.
The judge found that the title of the bill that created the law isn’t specific enough to pass muster under the state constitution because it doesn’t say whether the word “sex” refers to sexual intercourse or the two main categories of human beings based on reproductive functions, according to the Associated Press.
“The title does not give general notice of the character of the legislation in a way that guards against deceptive or misleading titles,” wrote Judge Shane Vannatta, a state district court judge. The long title of the bill begins “An Act Generally Revising the Laws to Provide a Common Definition for the Word Sex When Referring to a Human …”
Vannatta is the state’s first openly homosexual judge, according to the American Bar Association. He was appointed in 2019 by then-Gov. Steve Bullock, a Democrat. His appointment was confirmed by local voters in the November 2020 state election.
Continued below.
The judge found that the title of the bill that created the law isn’t specific enough to pass muster under the state constitution because it doesn’t say whether the word “sex” refers to sexual intercourse or the two main categories of human beings based on reproductive functions, according to the Associated Press.
“The title does not give general notice of the character of the legislation in a way that guards against deceptive or misleading titles,” wrote Judge Shane Vannatta, a state district court judge. The long title of the bill begins “An Act Generally Revising the Laws to Provide a Common Definition for the Word Sex When Referring to a Human …”
Vannatta is the state’s first openly homosexual judge, according to the American Bar Association. He was appointed in 2019 by then-Gov. Steve Bullock, a Democrat. His appointment was confirmed by local voters in the November 2020 state election.
Continued below.
Montana judge strikes down law defining ‘sex’ as ‘male and female’
The law defines “male” as a “a member of the human species” who has XY chromosomes. It defines “female” as having XX chromosomes.
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