After months of defiance, Montana’s health department says it will follow a judge’s ruling and temporarily allow transgender people to change the gender on their birth certificates.
The state, Moses wrote, engaged “in needless legal gymnastics to attempt to rationalize their actions and their calculated violations of the order.” He called the state’s interpretation of his earlier order “demonstrably ridiculous.”
“It’s unfortunate that it has taken two very clear court orders and many months to comply with the law,” said Alex Rate, an attorney with the ACLU of Montana. The ACLU represents the plaintiffs, two transgender people who want to change their birth certificates. In April, Moses temporarily blocked a law passed by the Republican-controlled 2021 Legislature that would require transgender residents to undergo a surgical procedure and obtain a court order before being able to change the sex on their birth certificate. He said the law was unconstitutionally vague because it did not specify what kind of surgery would be required.
“If defendants requires further clarification, they are welcome to request it from the court rather than engage in activities that constitute unlawful violations of the order,” Moses wrote.
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