Groups want health department held in contempt over birth certificate lawsuit

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Missoula County

Groups suing the state over restrictions barring birth certificate amendments are asking a district court to hold the state health department in civil contempt.

The state health department announced earlier this month the reinstatement of a rule effectively banning transgender Montanans from updating the gender marker on their birth certificates after the state Supreme Court found issues with a block on it.

Montana’s high court affirmed Yellowstone County District Court Judge Michael Moses’s block on a law regulating birth certificate amendments. That ruling said that the department should have returned to a 2017 rule that allowed for updates.

Instead, the department created the new ban on amendments, but the high court found Moses could not block that ban unless there was a direct complaint against it. A direct complaint is now pending in court.

ACLU of Montana is asking a court to hold the health department in civil contempt, aiming to force officials to rescind the rule.

The state health department declined to comment.

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Shaylee covers state government and politics for Montana Public Radio. Please share tips, questions and concerns at 406-539-1677 or shaylee.ragar@mso.umt.edu.