A state district court in Montana has temporarily blocked enforcement of a policy enacted in February that prohibits residents from changing the gender marker on their birth certificates and driver’s licenses.
Montana judge blocks rule that prevented transgender people from changing their sex on documents #LGBTQ https://t.co/gU1zGQqkA6
— David Crary (@CraryAP) December 17, 2024
From The Advocate:
Two trans women filed suit in April challenging these policies, arguing that they violate various constitutional provisions, including the right to equal protection of the law.
They are represented by the American Civil Liberties Union, the ACLU of Montana, and the law firm of Nixon Peabody.
In granting the preliminary injunction, the court held, “If the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.”
One of the plaintiffs, Jessica Kalarchik, who served in the U.S. Army for 31 years, said in an ACLU press release:
“After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male.
“I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.”
The state may choose to appeal the temporary injunction to the Montana Supreme Court, but the underlying lawsuit will proceed in district court. In related news, last week the Montana Supreme Court blocked a new law that bans gender-affirming care for minors in the state.
Montana Supreme Court upholds lower court ruling that allows gender-affirming care for minors https://t.co/6BtfoRjzEc
— Yahoo News (@YahooNews) December 12, 2024
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