Transgender discrimination is, by its very nature, sex discrimination. Discrimination based on sex is expressly prohibited under Montana’s unique Nondiscrimination Clause––“[n]either the state nor any person, firm, corporation, or institution shall discriminate on account of . . . sex . . . .” Thus, Article II, Section 4 is
unequivocal in its intolerance for discrimination based on sex. Because sex discrimination involves a fundamental right under Article II, the appropriate level of judicial review is strict scrutiny. Snetsinger, ¶ 17.
¶28 Being transgender is also a suspect class under the Equal Protection Clause of
Article II, Section 4,––“[n]o person shall be denied equal protection of the law.”
MONTANA SUPREME COURT: “Transgender discrimination is, by its very nature, sex discrimination,” and is subject to strict scrutiny under the Montana Constitution.