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HELENA (AP) — In Montana, a state judge reviewed contentious policies affecting transgender individuals’ ability to change the sex designation on official documents like birth certificates and driver’s licenses. The ongoing legal battle seeks to address prohibitive measures, as a decision on a preliminary injunction remains pending.
Alex Rate, representing the American Civil Liberties Union of Montana, articulated the case’s core challenge: accusing the state of targeting transgender Montanans with discriminatory practices. The case, initiated by two transgender women, underscores the struggle to secure documentation that aligns with their gender identity.
One contentious policy prohibits those born in Montana from altering the sex on their birth certificates. Concurrently, a related rule hinders transgender residents from updating their driver’s licenses without an amended birth certificate, which isn’t obtainable under current regulations.
Rate highlighted the practical implications, noting that documents are essential for various applications, including marriage licenses and voting. He emphasized how such policies force transgender individuals to disclose their gender identity involuntarily.
The state maintains that sex is a binary concept and challenges claims of privacy violation, arguing that being transgender is not a protected class. Assistant attorney general Alwyn Lansing noted, “The right to privacy does not include a right to replace an objective fact of biological sex on a government document.”
This legal dispute forms part of a broader wave of legislative efforts in Montana led by Republicans to restrict transgender rights. The state has cited reasons like maintaining statistical accuracy and immutable biological sex as justifications for these measures.
The Legal and Legislative Landscape
Legal precedents have shifted over recent years. In 2017, a rule allowed sex designation changes on birth certificates via affidavit. However, a 2021 law demanded surgical intervention for such changes, later deemed unconstitutionally vague. Despite a directive to revert to the 2017 rule, a new rule restricting changes to clerical errors only was enacted under Republican governance.
Montana’s 2023 legislation attempted to define “sex” strictly by birth assignment, a measure overturned for not clearly stating its intent. Meanwhile, the ACLU continues to contest current policies, advocating for reinstating the 2017 rule. They argue that the state’s actions lack a legitimate interest in restricting access to accurate identity documents.
Across the U.S., identity document modification policies vary. The Movement Advancement Project notes that Montana is among seven states with a complete prohibition on changing birth certificate sex designations. In contrast, 25 states allow it, with some offering a non-binary option. Furthermore, Montana is among 16 states identified as having a burdensome process for amending the sex on driver’s licenses.
In a related development, Montana’s legislation banning gender-affirming care for transgender minors was temporarily blocked. A judge determined that the law likely infringes constitutional rights and poses harm to minors with gender dysphoria. The state has appealed this decision to the Montana Supreme Court.
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