A temporary block has been placed on a rule in Montana that prohibits transgender individuals from changing the sex designation on their birth certificates and driver’s licenses, according to a ruling by a state judge.
District Judge Mike Menahan ruled on Monday to halt the ban while the case progresses through the legal system.
Transgender individuals born in Montana are currently unable to change the sex designation on their birth certificates, and those wishing to update the sex on their driver’s licenses must first obtain an amended birth certificate, as per state law.
Two transgender women filed a lawsuit in April on behalf of themselves and others who have faced difficulty obtaining accurate documentation reflecting their sex, as stated in the complaint.
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Demonstrators gather on the steps of the Montana State Capitol in Helena, Montana, in March 2021. (Thom Bridge/Independent Record via AP, File)
The state argued that sex is binary, male or female, and that being transgender does not fall under a protected class whose constitutional rights to privacy may be infringed upon.
Menahan stated that it was premature in the legal proceedings to determine if transgender individuals in Montana should be considered a special class based on their transgender status. He disagreed with the state’s position that discrimination on the grounds of transgender status does not constitute discrimination based on sex.
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Transgender rights activists hold signs as they march through the University of Montana campus in May 2023 in Missoula, Montana. (Justin Sullivan/Getty Images, File)
“If the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate on the basis of sex,” Menahan wrote.
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The ruling comes shortly after the Montana supreme court issued a temporary freeze on a state law prohibiting transgender surgeries for minors, citing potential violations of Montana’s constitutional right to privacy.
The Associated Press contributed to this report.
