Legislative Scoop: What’s the Status of State Discrimination Legislation?

Hawaii Discrimination Legislation

Hawaii also has a discrimination bill making its way through the state legislature. Specifically, Senate Bill 1496 (SB 1496) would make it an unlawful discriminatory practice in the Aloha State for a place of accommodation to deny someone with a disability equal enjoyment to goods, services, facilities technology, etc., whether physical or digital, and that are intended to be used by the following: 

• Applicants
• Participants 
• Customers 
• Clients 
• Visitors 

SB 1496 provides several new definitions, including accessible, application, information and communication technology, website, and place of accommodation. For the latter, places of accommodation would now clarify that there is no distinction on “whether the presence of the business, accommodation, refreshment, entertainment, recreation, or transportation facility in the State is physical or digital.”  

On July 1, 2026, SB 1496 would require a place of public accommodation to confirm information and communication technology is equally accessible and effective for persons with disabilities.  

While the bill had originally passed both the Senate and House, the Senate disagreed with the House amendments. No additional movement on the bill has occurred since April 15, 2025.

Montana Discrimination Legislation

Senate Bill 437 (SB 437), which would overhaul Montana’s discrimination laws relating to sex and gender-based discrimination in employment, passed the Senate on March 4, 2025, and the House on April 9, 2025. If signed, wide applicability of the following narrowly tailored definitions of sex and gender would significantly impact Montana law:  

• “Father” means a male parent. 

• “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. 

• “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. 

• “Man” means an adult human male, except when used as a generic reference to human beings. 

• “Mother” means a female parent. 

• “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. 

• “Woman” means an adult human female. 

SB 437 would further adopt these definitions in relation to the protected category of “sex” under Montana’s employment discrimination law.  

Proponents of the bill indicate that these updated definitions follow recent federal guidance while opponents argue the bill attacks transgender rights. Note, however, that another similar transgender-related bill – Senate Bill 458, which would have strictly defined “male” and “female” under state law – was recently deemed unconstitutional by a Montana state court.  

If SB 437 passes, it is highly likely that the bill will face the same scrutiny and litigation in court for violations of Montanan constitutional rights.