Content deleted Content added
→Birth certificates: In April 2024, two trans women sued after they were unable to update the gender marker on their documents. On December 16, District Judge Mike Menahan said Montana could not enforce the law until the case was decided at trial. |
→Birth certificates: moved the 2023 law into chronological order to explain why there's a 2024 lawsuit |
||
Line 75:
=== Birth certificates ===
On September 9, 2022, Montana passed a law that prohibits transgender people from changing "identification of sex on birth certificates" unless they provide proof of a data entry error or DNA test result.<ref name=":0">{{Cite web |date=August 30, 2022 |title=NOTICE OF REPEAL OF TEMPORARY EMERGENCY RULE (Montana Administrative Register 37-1001) |url=https://dphhs.mt.gov/assets/rules/37-1001rep-arm.pdf |access-date=September 12, 2022 |website=MT.gov}}</ref><ref>{{Cite web |last=Brown |first=Matthew |date=September 9, 2022 |title=Montana permanently blocks transgender people from changing their birth certificates |url=https://www.pbs.org/newshour/politics/montana-permanently-blocks-transgender-people-from-changing-their-birth-certificates |access-date=September 12, 2022 |website=PBS NewsHour |language=}}</ref><ref>{{Cite web |last=Riess |first=Rebekah |date=September 10, 2022 |title=Montana health department adopts rule severely restricting changes of sex on birth certificates |url=https://www.cnn.com/2022/09/10/politics/montana-transgender-birth-certificate-changes/index.html |access-date=September 12, 2022 |website=CNN |language=}}</ref> On September 15, a judge blocked Montana from enforcing this law,<ref>{{Cite web |last1=Brown |first1=Matthew |last2=Hanson |first2=Amy Beth |date=September 15, 2022 |title=Montana Defies Order On Transgender Birth Certificates |url=https://www.huffpost.com/entry/montana-defies-order-on-transgender-birth-certificates_n_6323b1afe4b0ed021dfb1f30 |access-date=September 16, 2022 |website=HuffPost |language=en}}</ref> and a week later, the state Department of Public Health and Human Services agreed to comply with the judge's order.<ref>{{Cite web |date=September 23, 2022 |title=Montana Accepting Transgender Birth Certificate Changes |url=https://flatheadbeacon.com/2022/09/23/montana-accepting-transgender-birth-certificate-changes/ |access-date=February 22, 2023 |website=Flathead Beacon |language=}}</ref> On February 22, 2023, a bill was introduced that would prohibit gender marker changes on all identity documents. On May 19, the governor signed it.<ref>{{Cite web |date=February 22, 2023 |title=Montana SB458 {{!}} 2023 {{!}} Regular Session |url=https://legiscan.com/MT/text/SB458/id/2712718 |access-date=February 22, 2023 |website=LegiScan |language=}}</ref> In April 2024, two trans women sued after they were unable to update the gender marker on their documents. On December 16, District Judge Mike Menahan said Montana could not enforce the law until the case was decided at trial.<ref>{{Cite web |last=Hanson |first=Amy Beth |date=2024-12-17 |title=Montana Court Blocks Rule On Transgender Document Sex Changes |url=https://www.huffpost.com/entry/ap-us-transgender-rights-montana_n_6761d73ae4b0fa2f8ee469d8 |access-date=2024-12-17 |website=HuffPost |language=en}}</ref>
Montana has had various rules in the past. Until 2017, Montana required [[sex reassignment surgery]] and clinical treatment before updating a person's birth certificate. Then, in December 2017, Montana removed the requirement for surgery. It began allowing transgender individuals to change the gender marker on their birth certificate by submitting to the Department of Public Health and Human Services a "Correction Affidavit" signed by the applicant, a completed "Gender Designation Form" and a certified copy of a court order indicating that the gender has been changed. The Motor Vehicle Division of the Department of Justice would change the sex designation on a driver's license and state ID card upon receipt of a letter from a doctor confirming that the applicant is in the process or has completed the process of changing gender.<ref>[https://transequality.org/documents/state/montana Montana], ''National Center for Transgender Equality''</ref>
| |||