ACLU Blasts Montana's Delay on Trans Birth Certificate Order
Montana is failing to comply with a court order that blocked a law that would have made it more difficult for transgender residents to change the gender on their birth certificates, the American Civil Liberties Union of Montana says.The state passed last year passed Senate Bill 280, requiring proof of surgery and the approval of a court in order to change the gender marker, whereas for the previous four years trans Montanans had been able to obtain a new birth certificate through a simple online form.
The form was taken down after SB 280 became law.The ACLU sued on behalf of two trans residents, and in April a judge issued an injunction temporarily blocking enforcement of the law and ordering the state to go back to the online form.
Yellowstone County District Court Judge Michael G. Moses found that the law is likely unconstitutional because it targets only trans people.
However, a month after his ruling, the form is still not available, according to the ACLU, which raised the possibility of more legal action.“We have continued to be patient in allowing the State time to comply with the court ordered preliminary injunction,” said a statement issued by the ACLU of Montana, the ACLU Foundation LGBTQ & HIV Project, and the law firm of Nixon Peabody, all of which were involved in the case. “However, close to one month has passed and the State’s willful indifference to the court order is inexcusable.
