Attorneys for the state defended two rules in court on Thursday that bar transgender Montanans from updating their identity documents. Two trans plaintiffs sued the state to block those rules.
The plaintiffs argue the rules that went into effect in February violate the state Constitution in several ways.
The health department and motor vehicle division’s rules prohibit transgender people from amending their documents to reflect their gender transition. Other Montanans can make amendments to those documents to correct clerical errors.
The state defended the policies, arguing that regulation targeting transgender people does not amount to sex discrimination, saying gender identity differs from sex.
The plaintiffs say the rules violate the constitutional rights to equal protection, privacy and free speech They also said that legal precedent, like the federal Bostock case, protect transgender people from sex discrimination.
Plaintiffs asked for class certification — including in the lawsuit all transgender Montanans looking to update official records. Their attorneys said they worry that the health department will otherwise only adhere to a block on the rules for the two named defendants in the case.
This is the latest legal entanglement over state regulations targeting transgender residents after the state Legislature first attempted to restrict birth certificate updates in 2021.
The parties are now awaiting for Lewis and Clark District Court Judge Mike Menahan to rule in the case.
