![Woman with short red hair, wearing a red dress and blue glasses, looks at the camera in a grey room.](https://assets.aclu.org/live/uploads/2021/12/Amelia-Marquez-Blog.jpg)
Marquez v. State of Montana
What's at Stake
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
Summary
Senate Bill 280 makes it difficult, if not impossible, for transgender people born in Montana to correct the sex marker listed on their birth certificates. This law requires a transgender person to obtain a court order indicating that their “sex . . . has been changed by surgical procedure,” even though surgery changes one’s anatomy rather than one’s sex and even though surgery is unwanted, unnecessary, or cost-prohibitive for many transgender individuals born in Montana. Before the passage of SB 280, transgender individuals born in Montana only needed to provide an affidavit attesting to their sex to change the sex marker on their birth certificate. The Montana legislature put an end to this straightforward process, even though it had worked effectively without incident. SB 280 burdens transgender Montanans’ ability to obtain an accurate birth certificate, solely because they are transgender.
The effects of having an inaccurate birth certificate can be life-altering. For starters, an incorrect birth certificate can disclose the fact that a person is transgender without their consent. Additionally, employers, healthcare workers, government employees and officials, and others may harass and discriminate against transgender people whose identification documents do not align with their gender.
The ACLU, the ACLU of Montana, and Nixon Peabody LLP have challenged SB 280 in court, because it violates transgender Montanans’ right to equal protection, privacy, and due process.
UPDATE: On June 26, 2023, the trial court granted summary judgment in our favor and permanently enjoined enforcement of the Montana law and regulation barring a change of the sex marker on one’s birth certificate without obtaining a court order that one has been surgically changed as unconstitutionally vague under the Montana Constitution. The trial court also granted us attorneys’ fees for all our work in the case. It also held defendants in contempt for failing to comply with the preliminary injunction previously granted in the case.
Legal Documents
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01/10/2023
Order on Writ of Supervision -
09/23/2022
Petition for Writ of Supervisory Control -
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09/29/2022
Order Regarding Petition for Writ of Supervisory Control -
10/19/2022
Respondents' Response to Petition for Writ of Supervisory Control
Marquez v. State of MontanaLegal DocumentsOrder Regarding Petition for Writ of Supervisory ControlDate Filed: 09/29/2022
Court: Montana State Supreme Court
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsRespondents' Response to Petition for Writ of Supervisory ControlDate Filed: 10/19/2022
Court: Montana State Supreme Court
Affiliate: Montana
Download Document -
09/29/2022
Date Filed: 01/10/2023
Court: Montana State Supreme Court
Affiliate: Montana
Download DocumentDate Filed: 09/23/2022
Court: Montana State Supreme Court
Affiliate: Montana
Download Document-
07/19/2024
Plaintiffs' Brief in Support of Motion for Attorneys' Fees -
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08/16/2024
Defendants' Brief in Opposition to Plaintiffs' Motion for Attorneys' Fees
Marquez v. State of MontanaLegal DocumentsDefendants' Brief in Opposition to Plaintiffs' Motion for Attorneys' FeesDate Filed: 08/16/2024
Court: Montana District Court of Yellowstone County
Affiliate: Montana
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08/16/2024
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08/25/2023
Defendants' Brief in Support of Motion for Relief from Contempt and Attorneys' Fees Order -
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09/22/2023
Plaintiffs' Response to Defendants' Brief in Support of Motion for Relief from Contempt and Attorneys' Fees Order -
10/20/2023
Defendants' Reply in Support of Motion for Relief from Contempt and Attorneys' Fees Order
Marquez v. State of MontanaLegal DocumentsPlaintiffs' Response to Defendants' Brief in Support of Motion for Relief from Contempt and Attorneys' Fees OrderDate Filed: 09/22/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsDefendants' Reply in Support of Motion for Relief from Contempt and Attorneys' Fees OrderDate Filed: 10/20/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
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09/22/2023
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06/26/2023
Order Granting Plaintiffs' Motion for Summary Judgment -
03/20/2023
Plaintiffs' Motion for Summary Judgment -
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04/10/2023
Defendants' Response to Plaintiffs' Motion for Summary Judgment -
04/24/2023
Plaintiffs' Reply in Support of Motion for Summary Judgment
Marquez v. State of MontanaLegal DocumentsDefendants' Response to Plaintiffs' Motion for Summary JudgmentDate Filed: 04/10/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply in Support of Motion for Summary JudgmentDate Filed: 04/24/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
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04/10/2023
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03/02/2023
Order Denying Plaintiffs' Motion for Class Certification -
03/02/2023
Order Denying Plaintiffs' Motion for Leave to File Second Amended Complaint -
01/25/2023
Plaintiffs' Brief in Support of Motion to Enforce Preliminary Injunction -
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02/08/2023
Defendants' Response to Plaintiffs' Motion to Enforce Preliminary Injunction -
02/16/2023
Plaintiffs' Reply Brief in Support of Motion to Enforce Preliminary Injunction
Marquez v. State of MontanaLegal DocumentsDefendants' Response to Plaintiffs' Motion to Enforce Preliminary InjunctionDate Filed: 02/08/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply Brief in Support of Motion to Enforce Preliminary InjunctionDate Filed: 02/16/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
02/08/2023
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10/28/2022
Plaintiffs' Brief in Support of the Motion for Leave to File Second Amended Complaint -
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12/05/2023
Defendants' Brief in Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint -
01/09/2023
Plaintiffs' Reply Brief in Support of the Motion for Leave to File Second Amended Complaint
Marquez v. State of MontanaLegal DocumentsDefendants' Brief in Opposition to Plaintiffs' Motion for Leave to File Second Amended ComplaintDate Filed: 12/05/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply Brief in Support of the Motion for Leave to File Second Amended ComplaintDate Filed: 01/09/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
12/05/2023
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10/28/2022
Plaintiffs' Brief in Support of Motion for Class Certification -
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12/05/2022
Defendants' Brief in Opposition to Plaintiffs' Motion for Class Certification -
01/09/2023
Plaintiffs' Reply Brief in Support of Motion for Class Certification
Marquez v. State of MontanaLegal DocumentsDefendants' Brief in Opposition to Plaintiffs' Motion for Class CertificationDate Filed: 12/05/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply Brief in Support of Motion for Class CertificationDate Filed: 01/09/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
12/05/2022
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09/19/2022
Order Granting Plaintiffs’ Motion for Clarification -
06/07/2022
Plaintiffs' Motion Seeking Clarification of Preliminary Injunction and Supporting Documents -
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06/21/2022
Defendants' Response to Plaintiffs' Motion Seeking Clarification -
07/05/2022
Plaintiffs' Reply Brief in Support of Motion Seeking Clarification
Marquez v. State of MontanaLegal DocumentsDefendants' Response to Plaintiffs' Motion Seeking ClarificationDate Filed: 06/21/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply Brief in Support of Motion Seeking ClarificationDate Filed: 07/05/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
06/21/2022
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04/21/2022
Order Granting in Part Defendants' Motion to Dismiss and Granting Plaintiff's Motion for a Preliminary Injunction -
01/28/2022
Defendants' Motion to Dismiss Plaintiffs' Amended Complaint -
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02/11/2022
Plaintiffs' Response to Motion to Dismiss Amended Complaint -
03/04/2022
Defendants' Reply in Support of Motion to Dismiss Plaintiffs' Amended Complaint
Marquez v. State of MontanaLegal DocumentsPlaintiffs' Response to Motion to Dismiss Amended ComplaintDate Filed: 02/11/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsDefendants' Reply in Support of Motion to Dismiss Plaintiffs' Amended ComplaintDate Filed: 03/04/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
02/11/2022
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12/03/2021
Amended Complaint -
07/21/2021
Plaintiffs' Brief in Support of Motion for Preliminary Injunction -
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08/17/2021
Defendants' Combined Brief in Opposition to Motion for Preliminary Injunction and in Support of Motion to Dismiss -
09/23/2021
Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss -
09/23/2021
Plaintiffs' Reply in Support of Motion for Preliminary Injunction -
10/28/2021
Defendants' Reply Brief in Support of Motion to Dismiss
Marquez v. State of MontanaLegal DocumentsDefendants' Combined Brief in Opposition to Motion for Preliminary Injunction and in Support of Motion to DismissDate Filed: 08/17/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Brief in Opposition to Defendants' Motion to DismissDate Filed: 09/23/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsPlaintiffs' Reply in Support of Motion for Preliminary InjunctionDate Filed: 09/23/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentMarquez v. State of MontanaLegal DocumentsDefendants' Reply Brief in Support of Motion to DismissDate Filed: 10/28/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download Document -
08/17/2021
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01/16/2021
Complaint
Date Filed: 07/19/2024
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 08/25/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 06/26/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 03/20/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 03/02/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 03/02/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 01/25/2023
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 10/28/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 10/28/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 09/19/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 06/07/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 04/21/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 01/28/2022
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 12/03/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 07/21/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentDate Filed: 01/16/2021
Court: Montana District Court of Yellowstone County
Affiliate: Montana
Download DocumentPress Releases
Montana Supreme Court Issues Order Related to the Marquez Case
Judge Blocks Montana’s Effort to Restrict Sex Marker Updates on Birth Certificates
Court Blocks Restrictive Birth Certificate Law That Violates Constitutional Rights of Transgender Montanans
Transgender Montanans Challenge New Law Preventing Accurate Information on Government Documents