Impact of SB 437: Montana’s Legislative Discussion on Biological Sex

Missoula, MT (KGVO-AM News) - The Montana Senate held several hearings on Tuesday; the first of which was SB 437; a bill determining ‘the definition of sex, by limiting it to the biological division between males and females’.

Bill sponsor Republican Senator Carl Glimm began the lengthy conversation.

“Today, there are some who conflate the term sex and gender, and this bill ensures that we don't conflate those terms,” began Senator Glimm. “In Montana, biological sex is immutable. You can't change it. There are only two biological sexes. You may claim to be able to change your gender or express your gender in a different way, but you can never change your biological sex, and this is why Senate Bill 437 is necessary. We need to have clear definitions in our law about biological reality, and that's what this bill does.”

SB 437 'Determines the Definition of Sex' by State Statute

Another proponent, Dr. Jill Simmons, emphasized the importance of the issue when it comes to providing emergency medical care.

“I have worked in emergency rooms and urgent care settings, and medicine can be life or death in a moment,” she said. “There are also many people involved in the care of a patient, and we need to be able to effectively and quickly communicate that person's vital signs. I need to know anything going on about that person, just like I need to know their blood pressure like I need to know their heart rate, I need to know if they're male or female, and that needs to be done very quickly.”

There Were Several Individuals who Testified Against the Bill

Opponents of the bill included Quinn Leighton with Planned Parenthood Advocates, who said the courts have already come down on the issue.

“The Department of Vital Records tried not to follow the rules or the ruling of the court, and what the court actually had to find the Department of Vital Records in contempt of court before they started issuing these changes,” began Leighton “That brings us to last session’s bill  458, which was also struck down in court twice.”

Another opponent, Akemi Nakagawa, provided this comment, calling the proposed bill ‘cruel’.

One Speaker Called SB 437 'Cruel and Mean Spirited'

“This is just inherently cruel and mean-spirited,” began Simmons. “It is intended to erase trans, nonbinary, intersex, and Two-Spirit people. It's taking away our ability to have documents that match who we are and the previous opponents. The point is, it (the bill) puts us in very precarious situations where we either have to misgender ourselves for safety or tell people who we actually are and risk penalty.”

Click here to view the entire hearing.

SB 437 passed out of committee on a vote of 5 to 3. It would become law on passage and approval.