Montana Judge Mike Menahan has temporarily blocked policies that prevented transgender people from changing the sex designation on their birth certificates and driver’s licenses.
The judge issued the order while the case is pending in court, suggesting that the state has discriminated against transgender individuals on the basis of their transgender status, which also necessarily discriminates on the basis of sex.
Driving the news: The case was filed by two biological males who say they are transgender women on behalf of themselves and others who have been unable to obtain documents that accurately reflect their sex.
- One rule blocks transgender people born in Montana from changing the sex designation on their birth certificate, and another policy prevents transgender residents from changing the sex on their driver’s licenses without an amended birth certificate.
- The plaintiffs highlighted the challenges they face in various aspects of life, such as obtaining a marriage license, passport, voting, or even buying a hunting license, as these documents serve as essential forms of identification.
- The state has argued that sex is binary, either male or female, and being transgender is not a protected class of people whose constitutional rights to privacy could be violated.
What they’re saying: Montana Department of Justice spokesperson Chase Scheuer said, “The judiciary has once again defied the democratic will of Montanans by siding with special interest groups and the left’s radical leftist ideology.”
What we’re watching: Montana has not announced if it will repeal the ruling.
