Montana has a restrictive legislative landscape for transgender individuals, with multiple anti-trans bills introduced in 2023 and 2025. While some bills were enacted, others faced court challenges and were struck down. The state continues to track numerous bills targeting transgender rights.
2023:
- SB 99: Banned gender-affirming healthcare for transgender youth (puberty blockers, hormones, surgeries)
- Status: Ruled unconstitutional by Montana Supreme Court in 2025 under the state privacy clause, blocking enforcement
2025:
- SB 458 (Status March 27): Required multi-occupancy restrooms, changing rooms, and sleeping quarters to be designated exclusively for males or females
- Sports Ban (Status March 27): Prohibited males from participating in female-designated athletic programs in educational institutions
- Indecent Exposure (Status May 16): Criminalized exposing genitals or intimate parts to the opposite biological sex or assigned sex at birth in public
- Education/Identity Instruction (Status May 5): Required parental consent for children to attend "identity instruction"; allowed opt-outs
- Healthcare Restrictions (Status May 23): Further limited treatments like puberty blockers, hormones, and surgeries for minors; also challenged Obergefell v. Hodges on same-sex marriage
- SB 437: Redefined "male" and "female" based on reproductive systems, equating "gender" with biological sex (not identity); signed into law by Gov. Gianforte around March 2026 after 2025 passage
2023:
- 10 tracked bills focusing on education, healthcare, performance, and civil rights
- Sex Definition Bill: Defined sex as binary based on reproductive systems; struck down twice—June 2024 (title issues) and February 2025 (equal protection violation)
2024:
- No specific bill introductions detailed; court blocks noted
2025:
- 24 tracked bills covering bathrooms, sports, employment, pronouns, education, healthcare, child custody, and more
- Ongoing litigation, including challenges to SB 437 by Upper Seven Law (filing by April 6, 2026)
| Name |
Party |
Chamber |
Key Actions |
| Gov. Greg Gianforte |
R |
Governor |
Signed SB 437 (2025/2026) |
| Date |
Event |
| 2023 |
10 anti-trans bills tracked; SB 99 enacted |
| 2025 |
24 anti-trans bills tracked; SB 458, sports ban, indecent exposure, education, healthcare restrictions enacted |
| March 2026 |
Gov. Gianforte signs SB 437 (sex definition bill) |
| April 6, 2026 |
Upper Seven Law files challenge to SB 437 |
- ACLU - Montana Supreme Court Rules in Favor of Families
- Montana Free Press - New Sex Definition Bill
- Trans Legislation Tracker 2025/MT
- Trans Legislation Tracker 2023/MT
- ACLU Montana - 2025 Priority Issue Area
Last updated: 2026-04-02