2S-LGBTQIA+ Rights

ACLU of Montana works so that 2S-LGBTQIA+ (Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, & Asexual) people can live openly without discrimination & enjoy equal rights, personal autonomy, & freedom of expression.

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What you need to know

2.9% of Montana adults (18 years or older) identify as 2S-LGBTQ+

~30,000 2S-LGBTQ+ people (13 years or older) live in Montana

~3% of Montana’s workforce, or about 18,000 workers, identify as 2S-LGBTQ+

The ACLU of Montana is a strong advocate for 2S-LGBTQIA+ (Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual) rights. This includes our legal work such as litigation on employment, parenting and relationship recognition; as well as using our legal resources to affirm the rights of students to form student groups in their schools; and our legislative advocacy and public education. We've also played a key role in the passage of several nondiscrimination ordinances across the state. In our legislative work, the ACLU of Montana advocates for both proactive legislation that would enhance the lives of 2S-LGBTQIA+ Montanans as well as opposing legislation that would effectively harm those same individuals.

Additional Resources

The Latest

News & Commentary
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Hitting the halfway point with gratitude!

Friday, March 7, marked the halfway point of the Montana legislative session, called "transmittal."
Press Release
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Montana Supreme Court Rules in Favor of Families & Doctors, Blocks Ban on Healthcare for Transgender Youth

The Montana Supreme Court ruled that SB 99, a 2023 Montana law that categorically bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana state constitution’s privacy clause.
Issue Areas: 2S-LGBTQIA+ Rights
Press Release
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SB 458, Which Sought To Restrictively Define “Sex”, Found To Violate Montana State Constitution Because It Didn’t Clearly Define “Sex” In The Bill Title

A Missoula District Court granted Plaintiffs' Motion for Summary Judgment in Reagor v. State and struck down Senate Bill 458 as unconstitutional. SB 458 sought to erase 2S-LGBTQIA+ Montanans from dozens of sections of the Montana Code.
Issue Areas: 2S-LGBTQIA+ Rights
Press Release
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ACLU of Montana Challenges SB 458, Bill Defining Sex, As Both “Foolish and Discriminatory”

We filed a Complaint challenging a new law that seeks to erase 2S-LGBTQIA+ Montanans from dozens of sections of the Montana Code.
Issue Areas: 2S-LGBTQIA+ Rights
Court Case
Mar 27, 2025

Perkins et al v. Montana (HB 121)

This case challenges HB 121, a newly enacted law which stigmatizes and discriminates against transgender, intersex, and gender-nonconforming Montanans by effectively barring access public facilities and private nonprofit domestic violence programs
Court Case
Dec 04, 2025

Berndt v. Montana Department of Justice, et al.

Case Update: Thursday, December 4, 2025. A Montana District Court ruled that discrimination based on gender identity violates the Montana Constitution and state statutes prohibiting discrimination on the basis of sex.
Court Case
Jul 25, 2024

EmpowerMT v. State

Court Case
Dec 16, 2024

Kalarchik et al. v. State of Montana et al.

Case Update, July 18, 2025: The ACLU of Montana filed a Response Brief on behalf of the Plaintiffs.