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
Case Trends: Post-Dobbs and Skrmetti, State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
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.