 Michael Harrington, SRN News. A judge has struck down a Montana law that defines sex as only male or female, finding that it was technically unconstitutional. District Court Judge Shane Venata ruled the statute passed last year violated the state constitution because the description of the legislation didn't clearly state its purpose. Transgender plaintiffs challenged the law because they said it denies legal recognition and protections to people who are gender non-conforming. This is SRN News.