By Definition

Sex isn't sex according to a judge:

The Montana law defines “sex” in state law when referring to a person as only male or female. However, District Court Judge Shane Vannatta claims this law is “unconstitutional.” The judge argues that the law’s description did not explicitly state its purpose. Judge Vannatta struck down the 2023 law on Tuesday. The ruling came after a group of plaintiffs who identify as “transgender,” “nonbinary,” “intersex,” and “other identities” sued the state. The plaintiffs argue that the law denies legal recognition and protection to people who “identify” as “gender-nonconforming,” according to The Associated Press. Vannatta did not address the claim of a lack of legal recognition and protection but did say that the bill’s title did not adequately explain whether the word “sex” referred to gender or sexual intercourse.

The judge probably couldn't define it either way...