Montana protects "biological indication" by law and defines that there is only the "male" or "female" sex
The legislation defines women as having "XX chromosomes" and men as having "XY chromosomes."
Montana Governor Greg Gianforte signed a law stating that "sex" can only be defined as male or female based on a person's "biological and genetic indication" at birth:
Female sex: XX - male sex: XY
The law establishes that a person with female sex is a person who has XX chromosomes and produces eggs:
Male sex is defined as a person who has XY chromosomes and produces sperm:
The bill was amended several times to add intersex persons, those born with a discrepancy between their internal and external organs and genitalia:
It is not possible to change the "biological sex"
Carl Glimm - sponsor of the bill - stated before the House Judiciary Committee that "from a legal point of view, sex and gender do not mean the same thing." He further argued that a person's biological sex cannot be changed:
Montana thus joins other states such as Kansas and Tennessee that have enacted laws protecting the permanence of the male and female sexes in individuals.