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Two transgender Montanans are suing the state over a new law that restricts who can amend the gender marker on their birth certificate. It’s the latest of nearly a dozen lawsuits over policies passed during the 2021 Montana Legislature.
Represented by the American Civil Liberties Union of Montana, Amelia Marquez of Billings and an unnamed plaintiff argue the new law violates a transgender person’s right to privacy and equal protection under the state’s Constitution.
Before amending a birth certificate, the new law requires trans Montanans undergo and provide proof of gender-affirming surgery, and to appear in court.
A new lawsuit aims to strike down another law passed by the Republican-led Legislature earlier this year as discriminatory against transgender people.Â
The lawsuit, filed by the American Civil Liberties Union of Montana on behalf of a Yellowstone County trans woman and a trans man identified as John Doe, seeks to overturn Senate Bill 280 as unconstitutional. The law requires trans people to complete gender-affirming surgery and secure a court order confirming the surgery was completed. The bill, sponsored by Kila Republican Rep. Carl Glimm, saw opposition during the legislative process and in the administrative rule-making process to implement SB 280 last month.
Transgender people sue Montana over law on birth certificate changes
Iris Samuels, Associated Press
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HELENA, Montana (AP) Two transgender people sued Friday over a new Montana law that makes it difficult for transgender people to change the sex on their birth certificates.
Amelia Marquez and John Doe said in a lawsuit filed in Yellowstone County that the law signed this year by Republican Gov. Greg Gianforte violates their right to privacy and equal protection under the law guaranteed by the state Constitution.
The law requires transgender people to change their sex by surgical procedure and receive a court order indicating that in order for them to change the sex on their birth certificate.
Transgender citizens sue to invalidate birth-certificate law
By: Mike Dennison
and last updated 2021-07-16 20:11:52-04
HELENA â A transgender man and woman filed suit Friday to overturn a new Montana law requiring transgender citizens to get surgery and a court order before they can change the sex on their birth certificate, calling it an unconstitutional invasion of privacy.
âI would like to change the sex designation on my birth certificate to match my female gender identity, but I am unable to do so because of the law,â said Amelia Marquez of Billings. â(It is) ⦠a painful and stigmatizing reminder of the state of Montanaâs refusal to recognize me as a woman.â
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