Montana's Two-Spirit Community Challenges Binary Sex Definition

Members of Montana's Two-Spirit community, along with transgender, intersex, and nonbinary residents, are challenging a state law that defines sex as binary, arguing that it infringes on their spiritual and cultural beliefs. The law, Senate Bill 458, inserts binary definitions of male and female into various parts of the state's legal code, impacting driver's licenses, demographic records, and anti-discrimination laws. The lawsuit argues that the law improperly categorizes and excludes Montanans, violating their rights to dignity, equal protection, privacy, and freedom of speech. Two-Spirit people, who historically held honored roles in Indigenous communities, are reclaiming their traditions and fighting against legislation that further marginalizes them.