Edwards v. Montana
Montana trial court held that a law — which defines “female,” “male,” and “sex” wherever used in the state code as two binary categories — facially violates the state constitutional right to privacy by interfering with individuals’ “ability to make personal and intimate decisions concerning their bodies and psyches.” The court also found as-applied state equal protection violations based on sex and cultural discrimination.
Related Commentary
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.