Updated Sep 15, 2022 - Health

Judge blocks Montana's anti-trans birth certificate law

Oriana González

Illustration of columns in the colors of the transgender pride flag. — Illustration: Maura Losch/Axios

A Montana state judge on Thursday blocked a 2021 state law that would have barred transgender people from changing the gender listed on their birth certificate unless they have undergone gender-affirming surgery.

Driving the news: The judge ordered the Montana Department of Health and Human Services to reinstate a 2017 rule that said that a person could modify their birth certificate by presenting an affidavit or a form indicating that a person had transitioned — no surgery required, per court documents.

Yes, but: Montana's Department of Public Health and Human Services has vowed to ignore the judge's ruling.

"The Department thoroughly evaluated the judge's vague April 2022 decision and crafted our final rule to be consistent with the decision," said department director Charlie Brereton, per AP.
"It's unfortunate that the judge’s ruling today does not square with his vague April decision. The 2022 final rule that the Department issued on September 9 remains in effect, and we are carefully considering next steps."

State of play: The American Civil Liberties Union and the ACLU of Montana had filed a lawsuit challenging the law, arguing that it violates the equal protection clause of the Montana Constitution.

Go deeper: Best and worst states for LGBTQ+ equality

Editor's note: This article has been updated with comment from Department of Public Health and Human Services director Charlie Brereton.

Add Axios on Google

Judge blocks Montana's anti-trans birth certificate law

What to read next