Judge Blocks Montana’s Effort to Restrict Sex Marker Updates on Birth Certificates

Affiliate: ACLU of Montana
September 15, 2022 2:45 pm

ACLU Affiliate
ACLU of Montana
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Gillian Branstetter, ACLU, gbranstetter@aclu.org
Gujari Singh, ACLU of Montana, singhg@aclumontana.org

BILLINGS, Mont. — A Montana judge ruled today the state may not prevent transgender people from updating their birth certificates while the case challenging the constitutionality of SB 280 proceeds. SB 280 requires a court order that one has received surgical treatment before they can obtain an amended and accurate birth certificate.

The court previously had granted a preliminary injunction that SB 280 likely is unconstitutional and enjoined enforcement of any aspect of that law pending resolution of the case. The Yellowstone County Court today ruled from the bench, granting the plaintiffs’ motion to clarify the preliminary injunction in Marquez v. The State of Montana and rejecting an effort by the state to circumvent the injunction against enforcement of SB 280.

The following statement was issued by the ACLU of Montana, the ACLU Foundation LGBTQ & HIV Project, and Nixon Peabody LLP:

“We’re thankful the court saw the state’s discriminatory new rule for what it was: a desperate effort to circumvent the judicial process and target transgender Montanans. Forcing anyone to carry documents that contradict their identity is unjust and unconstitutional, and such a rule marks transgender people for further mistreatment and discrimination. We’ll continue to fight this baseless law until no transgender person is denied this fundamental right.”

For more on Marquez v. Montana click here: https://www.aclumontana.org/en/cases/marquez-v-state-montana

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