Why #Montana’s #TwoSpirit people are challenging a state law that defines sex as binary

“It’s scary, in our reservations we have a lot of suicide already because of just being who they are,” Steven Barrios.

By Nicole Chavez, CNN
December 4, 2023

"As they fight to reclaim their history, some in Montana’s Two-Spirit community are challenging a state law that defines sex as binary because it 'infringes' on their spiritual and cultural beliefs.

"The law, #SenateBill458, defines 'male' and 'female' based on the presence of XY or XX chromosomes as well as reproductive systems. The legislation, which took effect in October, inserts those definitions of male and female in several parts of the state’s legal code, impacting driver’s licenses, demographic records and the state’s anti-discrimination law.

"In October, attorneys representing the Two-Spirit nonprofit #MontanaTwoSpiritSociety along with a group of #transgender, #intersex and #nonbinary #Montana residents, filed a lawsuit in Missoula County District Court challenging the law.

"They argue the state’s definitions of sex 'improperly categorizes many Montanans, excludes others from legal recognition entirely, and deprives them of the benefits and protections of myriad state laws.' The complaint also argues the law violates Montana’s individual dignity, #EqualProtection, privacy and freedom of speech laws.

"David Herrera, co-founder and executive director of the Montana Two Spirit Society, said it was important for the group to join the lawsuit because limiting gender goes against #IndigenousTraditions and cultures.

"'We don’t ascribe to just simply biologic definitions. We acknowledge that there are different genders, and our cultures have always known that there are more than two genders. In some of the Indigenous cultures, there may be as many as four to six different genders,' said Herrera, a 61-year-old who is Two-Spirit and adopted Blackfeet.

[...]

"Two-Spirit is an umbrella term that emerged in the 1990s, referring to people in many Indigenous and Native American who historically had both a masculine and feminine spirit, and who filled specialized social and spiritual roles. Some Native American people who are lesbian, gay, bisexual, transgender, intersex or gender non-conforming also use the term to self-identify.

"Prior to #colonization, Two-Spirit people had roles of honor in healing and ceremonies, but as Indigenous people were forced into assimilation that part of their tradition was lost.

“For folks that were seen as being Two-Spirit, men dressing as women, or women dressing as men and warriors, that went against the teachings of the church and so they were seen as an abomination or deviance. In some of the histories, our Two-Spirit people were actually murdered and killed, while in others, they were forced to subscribe to specific gender roles,” Herrera said.

"Steven Barrios, a 71-year-old enrolled member of the Blackfeet Nation and co-founder of the Montana Two Spirit Society, said the organization supports efforts to fight back against the state’s new gender definitions.

"'We’ve already been traumatized through so many things that the government has done to us and so we just figured it’s time – we have to step up and reclaim what’s rightfully ours and not let the government take that away from us,' Barrios said.

"Barrios added SB 458 and similar legislation could add more challenges for Two-Spirit youth."

Read more:
https://edition.cnn.com/2023/12/04/us/montana-two-spirit-lawsuit-sex-binary-reaj/

#Decolonize #NonBinary
#GBLTQI #Activism
#Reclamation #Indigiqueer #MontanaLegislation #TransRightsAreHumanRights