On April 18, a lawsuit was filed against the state of Montana and various state agencies by two transgender women. The lawsuit is in response to a policy implemented in 2022, which prevents individuals from changing the sex designation on their birth certificates.
The lawsuit disputes SB 280, which permits alterations in sex designation on birth certificates solely after the individual has undergone a surgical procedure to change their sex.
The plaintiffs contested the policy of the Montana Motor Vehicle Division, which now prevents applicants from altering the sex designation on their driver’s license. Previously, transgender individuals were able to do so by providing a letter from a doctor.
The lawsuit claims that these measures are “invalid, illegal, and unconstitutional.”
Jessica Kalarchik, a transgender veteran and one of the plaintiffs in the case, expressed her frustration at the fact that, despite being able to live her life openly as a woman, her birth state of Montana still requires her to carry a birth certificate that incorrectly identifies her sex as male.
“I am being compelled to utilize a birth certificate that contains inaccuracies, putting me in a vulnerable position where I am at risk of facing discrimination and harassment whenever I am required to present it.”
The plaintiffs, who are being represented by the American Civil Liberties Union (ACLU), the ACLU of Montana, and Nixon Peabody LLP, are also requesting a preliminary injunction to prevent the enforcement of these policies.
Akilah Deernose, the executive director for the ACLU of Montana, emphasized the importance of privacy and the freedom to live without interference from the government in our lives. Montana values these rights dearly.
Montana seems to have failed to learn any lessons from the recent years, during which courts consistently invalidated unconstitutional laws that targeted transgender individuals.
The Montana Department of Public Health and Human Services announced in February that it will now only accept applications to change the sex designation on birth certificates in specific situations. These include cases where the person’s sex was incorrectly identified at birth or if there was an error made by the person responsible for recording the information.
The agency stated that it will not make changes to a birth certificate in regards to “gender transition, gender identity, or change of gender.” This decision is in accordance with the provisions of SB 458, which defines sex as determined by biological and genetic indications of male and female.
Montana Governor Greg Gianforte, a Republican, approved SB 458 in May of last year. According to the governor’s office, transgender individuals have the freedom to identify with the gender of their choice, but not their biological sex.
Shortly after its adoption in 2021, SB 280 encountered a legal challenge. District Court Judge Michael Moses of Billings issued a preliminary injunction during the case, ordering the state not to enforce the law.