A state judge in Montana has issued a temporary block on policies that prevented transgender individuals from changing the sex designation on their birth certificates and driver’s licenses. The ruling by District Judge Mike Menahan came on Monday, halting the rules while the case progresses through the legal system.
Judge Menahan stated that it was unnecessary at this stage to determine whether transgender Montanans constitute a suspect class based on their transgender status. However, he disagreed with the state's argument that discrimination against transgender individuals is not discrimination based on sex. He emphasized that if state actions discriminate against transgender individuals due to their transgender status, they also inherently discriminate based on sex.
The case was initiated in April by two transgender women on behalf of themselves and others facing challenges in obtaining documents that accurately reflect their sex. One rule in Montana prevents transgender individuals born in the state from changing the sex designation on their birth certificates. Another policy requires transgender residents to have an amended birth certificate to change the sex on their driver’s licenses, which is unattainable for those born in Montana.
One plaintiff, who was born in Montana, expressed frustration at having to carry a birth certificate that incorrectly lists her sex as male despite living openly as a woman. Birth certificates and driver's licenses are essential for various activities such as applying for a marriage license, passport, voting, or purchasing a hunting license.
The state argued that sex is binary and that being transgender is not a protected class. They contended that the right to privacy does not include changing an objective fact of biological sex on a government document. However, the ACLU of Montana argued that forcing transgender individuals to present inaccurate documents outs them and violates their privacy rights.
This legal battle is part of ongoing efforts in Montana to restrict the rights of transgender residents. The state has cited reasons such as needing accurate statistical records or claiming that biological sex cannot be changed despite gender identity. The ACLU emphasized that the state has failed to provide a legitimate interest in limiting access to accurate identity documents.
