BILLINGS, MT — (09-18-22) — A Montana judge last Thursday blocked the red state’s anti-Transgender Birth Certificate Law that would have prohibited transgender Americans from changing their gender on their birth certificate.
The administrative rule, which went into effect on Saturday, allowed citizens of Montana to change the sex listed on their birth certificate only if it was incorrect due to a data entry error and only if they could prove their gender through testing or DNA, according to Montana’s Official website’s records.
Last Thursday District Judge Michael Moses ruled that a preliminary injunction he had placed on the state law also applied to the new rule.
“The preliminary injunction has always enjoined all aspects of (the law passed in 2021) and it cannot be circumvented by departmental action,” said Judge Moses in his ruling from the bench.
The ruling comes as transgender rights are under attack from conservatives in the United States in the run-up to the 2022 midterm elections.
Conservative lawmakers across the USA have passed a flurry of anti-LGBTQ laws this year that are primarily targeting transgender youth.
Last April, Judge Moses issued a preliminary injunction in a lawsuit filed by two transgender Montanians against a state law that passed in 2021, that required a gender-affirming surgery and court petition to be able to update the gender on birth certificate.
The American Civil Liberties Union filed the lawsuit on behalf of the two transgender Montanians.
If Judge Moses’ injunction stands, the state will revert back to a 2017 rule that allowed people in Montana to change their gender on their birth certificate by simply filling out a form.
Article by: Paul Goldberg, Staff Writer
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