Montana Gov. Gianforte signed HB690 excluding non-affirmation of a child's gender identity from child abuse and neglect definitions
On May 13, 2025, Montana Gov. Greg Gianforte signed House Bill 690, sponsored by Rep. Bill Mercer, which revises the state's child abuse and neglect statutes to exclude "referring to or raising a child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions" from the legal definitions of abuse, neglect, and physical or psychological harm. The law passed the Montana House 57-42 and the Senate 34-16 before reaching the governor's desk.
Actors
- Greg Gianforte (Governor, Montana)
- Bill Mercer (State Representative, Montana)
- Montana Legislature
On May 13, 2025, Montana Gov. Greg Gianforte signed House Bill 690, sponsored by Rep. Bill Mercer, R-Billings, revising the state's child abuse and neglect statutes. The law excludes "referring to or raising a child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions" from the legal definitions of "abused or neglected," "child abuse or neglect," "physical neglect," "physical or psychological harm," and "psychological abuse or neglect." It passed the Montana House 57-42 on March 7, 2025 and the Senate 34-16 on April 18, 2025, before Gianforte signed it.
The bill's official short title describes it as a measure to "generally revise laws related to child protection." Gianforte signed it the same day as a companion measure, House Bill 682, imposing liability on providers of gender-affirming care. By excluding a category of conduct toward transgender and nonbinary children from Montana's child-welfare statute, the law removes a route by which a parent's or guardian's refusal to affirm a child's gender identity could otherwise be found to constitute abuse or neglect under state law.
Why we recorded this
Civil-rights protections require child-welfare law to apply the same standard of harm to every child regardless of protected characteristics such as gender identity. Montana amended its child abuse and neglect statutes to exclude conduct that denies a child's gender identity from those definitions, meaning parents and guardians cannot be found to have abused or neglected a transgender or nonbinary child on that basis. This archive records when a state legislature writes a carve-out into child-protection law that turns on a child's protected characteristic.
Sources
- Montana HB690 | 2025 | Regular Session — LegiScan primary accessed July 12, 2026
- Montana 2025 HB690 - Enrolled bill text — LegiScan primary accessed July 12, 2026
- House Bill 690: Generally revise laws related to child protection — Montana Free Press Capitol Tracker secondary accessed July 12, 2026
See also
- Montana Gov. Gianforte signed HB471, requiring parental opt-in before LGBTQ-related school instruction
- Montana Gov. Gianforte signed HB400 'Free to Speak Act' shielding refusal to use transgender students' pronouns from discipline
- Montana Gov. Gianforte signed HB682 imposing liability on gender-affirming care providers and framing the care as fraudulent
- Montana Gov. Gianforte signed HB300 barring transgender athletes from women's and girls' school sports
- Montana Gov. Gianforte signed HB121, restricting bathrooms and changing rooms to sex assigned at birth
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