Missoula, MT – A district court judge in Helena has temporarily blocked the enforcement of several state policies that restrict how transgender Montanans can amend the sex on their birth certificates and driver’s licenses. The ruling, issued Monday afternoon, applies to three specific laws, rules, and policies recently enacted by state agencies and the Republican-controlled legislature.
The policies in question include a 2022 rule by the Montana Department of Public Health and Human Services (DPHHS) that prohibits changes to birth certificates based on gender identity, a policy by the state’s Motor Vehicle Division (MVD) requiring a birth certificate to amend a driver’s license, and provisions in a 2023 law that tightly define “male” and “female” based on reproductive biology. The court’s decision halts the enforcement of these restrictions while a legal challenge continues.
The plaintiffs, represented by the ACLU of Montana, the national American Civil Liberties Union (ACLU), and the law firm Nixon Peabody LLP, are two transgender women who argue that these policies infringe on their constitutional rights. The plaintiffs claim the state’s actions violate their rights to equal protection, privacy, and free speech, and that the policies contribute to discrimination against transgender individuals.
In his ruling, District Court Judge Mike Menahan concluded that the plaintiffs had met the legal standard for a preliminary injunction, finding a strong likelihood of success in their challenge. The judge pointed out that the state had not provided any compelling state interest for enforcing the disputed policies and noted that their actions could be seen as discriminatory under Montana’s constitution, which prohibits sex-based discrimination.
“Plaintiffs have established a likelihood of success on the merits under the preliminary injunction standard,” Menahan wrote. He also highlighted that, based on current federal interpretations of transgender rights, the state policies could be seen as violating the right to be free from discrimination on the basis of sex.
The ruling, which effectively blocks the state from implementing these policies, comes after a series of legal battles over transgender rights in Montana. While the judge refrained from classifying transgender people as a protected class under state law, he emphasized that sex-based discrimination, whether against cisgender or transgender individuals, is prohibited by Montana’s constitution.
The court’s decision also rebuffed the state’s argument that the policies were designed merely to ensure accurate record-keeping, asserting that the plaintiffs’ claims could be analyzed as a form of sex-based discrimination. Menahan further stressed that it was within the judiciary’s purview to determine whether state actions violate constitutional rights, rejecting the state’s claim that the legislature should decide the matter.
State officials, including spokespeople from the DPHHS and the Department of Justice, which oversees the MVD, did not comment on the ruling by Tuesday morning. In legal filings, the state’s attorneys have argued that the policies are not discriminatory, asserting that they reflect efforts to maintain accurate and clear records. The state has also argued that the court should not create a “new protected class” for transgender people, claiming that such decisions should be left to the legislature rather than the courts.
Judge Menahan’s ruling, however, emphasized the judiciary’s role in interpreting the constitution, stating that “determining whether a statute or state policy violates plaintiffs’ constitutional rights is directly in the jurisdiction of the court.”
The decision marks the latest legal setback for Montana’s conservative lawmakers in their efforts to restrict transgender rights. In 2021, the state passed a law requiring proof of gender-affirming surgery and a judge’s order before transgender individuals could amend their birth certificates. That law was later struck down as unconstitutional. The 2023 law at the heart of this case, Senate Bill 458, has already been enjoined in a separate ruling earlier this year, with the state choosing not to appeal that decision.
Akilah Deernose, executive director of the ACLU of Montana, praised the court’s decision in a statement, calling it a significant victory for transgender Montanans. “The state of Montana has continuously attempted to marginalize transgender people through discriminatory laws and policies,” Deernose said. “This ruling reaffirms our fundamental rights to privacy and to live free from government intrusion.”
While this ruling temporarily blocks the state’s policies, the case is far from over. If the state chooses to appeal, the matter could ultimately be decided by the Montana Supreme Court. However, legal experts suggest the case could take months or even years to reach a final resolution. For now, transgender Montanans are celebrating the temporary reprieve, with advocates hopeful that this ruling will lead to further protections against discrimination.
