1-1-209: Terms of wide applicability.

(1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(a) "Father" means a male parent.

(b) "Female" means, when used to refer to a natural person, an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the large gamete, or ova, for fertilization.

(c) "Male" means, when used to refer to a natural person, an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the small gamete, or sperm, for fertilization.

(d) "Man" means an adult human male, except when used as a generic reference to human beings.

(e) "Mother" means a female parent.

(f) "Oath" includes an affirmation or declaration.

(g) "Person" includes a corporation or other entity as well as a natural person.

(h) "Several" means two or more.

(i) "Sex" means whether someone is male or female, which is distinguished based on the type of gamete, sperm or eggs, they are capable of or expected to produce, as dictated by their primary sexual anatomy. Because there are only two types of gametes, sperm and ova, with two corresponding reproductive systems, there are only two sexes: male and female. An individual's sex is rooted in reproductive anatomy and is in no way influenced or defined by one's psychological state, behavior, expression, or personal identity.

(j) "State", when applied to the different parts of the United States, includes the District of Columbia and the territories.

(k) "United States" includes the District of Columbia and the territories.

(l) "Woman" means an adult human female.

(2) Wherever the word "man" or "men" or a word that includes the syllable "man" or "men" in combination with other syllables, such as "workman", appears in this code, the word or syllable includes "woman" or "women" unless the context clearly indicates a contrary intent and unless the subject matter of the statute relates clearly and necessarily to a specific sex only.

(3) Whenever the term "heretofore" occurs in any statute, it must be construed to mean any time previous to the day the statute takes effect. Whenever the word "hereafter" occurs, it must be construed to mean the time after the statute containing the term takes effect.

(4) (a) The term "gender", when used alone to refer to a male, female, or the natural differences between a male and female:

(i) must be considered a synonym for sex; and

(ii) may not be considered a synonym or short-hand expression for gender identity, experienced gender, gender expression, or gender role.

(b) The term "gender" does not apply when it is used in conjunction with other words or as an adjective to modify other words, or when context or explicit definition in preexisting state law, administrative rules, or guidelines indicates otherwise.

(c) The term "gender identity", if used in state law, administrative rules, or guidelines, may not be considered a synonym or substitute for sex or gender.