Montana could become the fourth state to pass a law defining sex as strictly 'male' or 'female' and unchangeable, raising concern among LGBTQ advocates who see such legislation as the next trend in Republican bills that limit transgender rights.
Rep. Deb Haaland holds a Transgender Pride flag beside democratic colleagues on Capitol Hill in Washington, U.S., February 25, 2021. REUTERS/Tom Brenner
He could join fellow Republican governors in Tennessee and North Dakota, who signed similar laws this year. In Kansas, the Republican-dominated legislature overrode the veto of Democratic Governor Laura Kelly to enact its law. The Human Rights Campaign , the largest advocacy group for lesbian, gay, bisexual, transgender and queer people in the United States, has labeled the laws as "erasure acts" aimed at forcing queer people back into the closet.
While researchers say sex generally refers to physiological characteristics and gender is more a social construct, when it comes to federal civil rights law, they are essentially the same. In the landmark 2020 decision in Bostock v. Clayton County, the U.S. Supreme Court found that discrimination protections based on "sex" also applied to sexual orientation and gender identity.
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