Judge blocks Montana’s transgender birth certificate law

Apr 21, 2022, 5:05 PM | Updated: 5:14 pm

HELENA, Mont. (AP) — A Montana judge on Thursday temporarily blocked enforcement of a law that required transgender people to have undergone a “surgical procedure” before being allowed to change their sex on their birth certificates.

District Judge Michael Moses of Billings ruled the law is unconstitutionally vague because it does not specify what surgical procedure must be performed. The law also required transgender people to obtain a court order indicating they’d had a surgical procedure.

Because he could grant the temporary injunction based on the vagueness issue, Moses said he did not further analyze the constitutionality of the law.

“We are thrilled that the court recognized the substantial and unnecessary burdens this law places upon transgender individuals in violation of their constitutional rights,” said Akilah Lane, staff attorney at the ACLU of Montana.

The plaintiffs — Amelia Marquez of Billings and a transgender man who is not identified in court records — wanted to change the sex on their birth certificates without undergoing costly surgical procedures.

Both argue having a birth certificate that does not match their gender identity puts them at risk of embarrassment, discrimination, harassment or violence if they are asked to provide their birth certificate.

Marquez has undertaken hormone therapy and legally changed her name. Having a birth certificate that does not match her gender identity puts her at higher risk of harassment, hostility and discrimination, the lawsuit said.

“Plaintiffs provided unrebutted evidence describing that neither gender-affirming surgery nor any other medical treatment that a transgender person undergoes changes that person’s sex,” Moses wrote. “Instead, gender-affirming surgery aligns a person’s body and lived in experience with the person’s gender identity, which already exists.”

The temporary injunction remains in place until the full case is decided.

Before the 2021 Legislature passed the challenged law, transgender residents seeking to change their birth certificate needed only to provide an affidavit to the state health department. The temporary injunction puts that process back in place.

Republican state Sen. Carl Glimm, who sponsored the legislation, has argued that the health department overstepped its authority in changing the designation on a birth certificate from “sex” to “gender” and then setting rules for how it could be changed.

The office of Attorney General Austin Knudsen, which is defending the state in this case, did not immediately respond to an email seeking to learn if the state planned to appeal the injunction.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - The logo of the Organization of the Petroleoum Exporting Countries (OPEC) is seen outside of...

Associated Press

Saudi Arabia reducing global oil supply, could spell higher prices for US drivers

Saudi Arabia will reduce how much oil it sends to the global economy, taking a unilateral step to prop up the sagging price of crude.

1 day ago

This photo provided by Robert Wilkes, owner of a house boat management company, shows smoke rising ...

Associated Press

Houseboats catch fire while docked at Wahweap Marina on Lake Powell

More than half a dozen house boats momentarily caught fire at a popular boating destination on the Utah-Arizona line on Friday.

3 days ago

File - Women work in a restaurant kitchen in Chicago, Thursday, March 23, 2023. On Friday, the U.S....

Associated Press

US hiring, unemployment jump in May and what that says about the economy

The nation’s employers stepped up their hiring in May, adding a robust 339,000 jobs, well above expectations.

3 days ago

(Pixabay Photo)...

Associated Press

Oath Keeper from Arizona sentenced for role in Jan. 6 riot at US Capitol

Edward Vallejo, a U.S. Army veteran from Phoenix, oversaw a “Quick Reaction Force” at a Virginia hotel that was prepared to deploy an arsenal of weapons into Washington if needed, authorities say.

4 days ago

FILE - U.S. Border Patrol Chief Raul Ortiz listens during a news conference, Jan. 5, 2023, in Washi...

Associated Press

US Border Patrol chief is retiring after seeing through end of Title 42 immigration restrictions

The head of the U.S. Border Patrol announced Tuesday that he was retiring, after seeing through a major policy shift that seeks to clamp down on illegal crossings at the U.S.-Mexico border following the end of Title 42 pandemic restrictions.

5 days ago

FILE - President Joe Biden talks with House Speaker Kevin McCarthy of Calif., on the House steps as...

Associated Press

House OKs debt ceiling bill to avoid default, sends Biden-McCarthy deal to Senate

The House approved a debt ceiling and budget cuts package late Wednesday, as President Joe Biden and Speaker Kevin McCarthy assembled a bipartisan coalition of centrist Democrats and Republicans against fierce conservative blowback and progressive dissent.

5 days ago

Sponsored Articles

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

...

re:vitalize

Why drug-free weight loss still matters

Wanting to lose weight is a common goal for many people as they progress throughout life, but choosing between a holistic approach or to take medicine can be a tough decision.

...

Day & Night Air Conditioning, Heating and Plumbing

Company looking for oldest air conditioner and wants to reward homeowner with new one

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Judge blocks Montana’s transgender birth certificate law