Montana does not follow transgender birth certificate decisions


Helena, Mon. (AP) — It’s been a month since a Montana judge temporarily blocked the enforcement of state law requiring transgender people to undergo surgery before changing their gender on a birth certificate. However, the state is still not in compliance with court orders. , Said ACLU in Montana.

John Eberto, a spokesperson for the State Health Department, said the department is still working with the Justice Department to consider the April 21 ruling and its implications. He did not respond to an email asking if it meant that the state was evaluating whether to appeal the order.

“We have continued to be patient in ensuring that the state has time to comply with the court order’s provisional injunction,” the ACLU in Montana said in a recent statement. It’s hard to forgive. “

Montana is one of the list of Republican-dominated countries that have moved to limit transgender rights. This may require student athletes to participate in sports based on their gender assigned at birth, or make it illegal for transgender minors to be treated with hormones or adolescent inhibitors. It is included. ..

Beginning in late 2017, transgender residents will be able to apply for a gender change as stated on their Montana birth certificate by submitting an affidavit to the Department of Health. Order of Judge Michael Moses of District Court The state must return to the process while the objection to the new law is pending.

“The fact that the state refuses proves a lack of respect for the judiciary and completely ignores transgender Montanans seeking a birth certificate that accurately indicates their gender,” ACLU said. Said.

If the state continues to violate the provisional injunction, the ACLU of Montana staff lawyer Akira Lane said it would require the organization to intervene in court.

“We are just looking for a state to comply with the provisional injunction,” Lane said on Friday.

A week after the ruling was issued, Billings lawyer Colin Gersten inquired about an updated gender statement on behalf of a friend. The Vital Records Secretariat replied, “We will contact you as soon as we can discuss your options.”

According to an email shared with the Associated Press, Gersten made another inquiry on May 11 regarding the appropriate form, but did not receive a reply.

Many transgender people choose not to undergo sex reassignment surgery.Such procedures are sometimes considered unnecessary or too expensive, two transgender Montanans claimed in them. Proceedings of July 2021..

Republican Senator Carl Glimm, who sponsored the bill, changed the designation of the birth certificate from “gender” to “gender” in 2017, thereby setting rules so that the Ministry of Public Health and Welfare will have that authority. Claimed to have exceeded. The specifications are subject to change.

According to the Movement Advancement Project, a policy organization, half of the state and the District of Columbia allow transgender residents to change their birth certificate gender without surgical requirements or court orders. Over a dozen states require surgical intervention, and such barriers are being challenged in several states, including Montana.

Over the past few years, other laws have targeted transgender people, and new laws have been challenged in court.

Alabama has passed a law that makes it a felony to prescribe sex-verifying adolescent inhibitors and hormones to transgender minors, Judge blocked the law.. In Texas, Governor Greg Abbott has ordered child welfare authorities to investigate parents of children receiving adolescent suppressants and other gender-verifying care for possible abuse.that too Blocked by the judge..

Recently, at least 12 states have passed legislation banning transgender girls and women from participating in women’s sports. Recently Utah..

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