In the latest turn in the years-long debate over how the state should handle requests to change the gender marker on birth certificates, the state announced Tuesday it will process applications under a department rule it says aligns with a 2023 law defining sex as binary in state code.
"By forcing Montanans into two specific boxes, Montana’s conservative movement is pushing a law that is both foolish and discriminatory," ACLU of Montana said.
The Montana ACLU is suing the state, asking a Missoula County District Court judge, to rule that rewriting the state's laws to include only male and female is not unscientific, but illegal.
At least two nonbinary plaintiffs allege the state is asking them to commit fraud to comply with a law defining sex as binary — strictly male and female — in a new lawsuit filed by the Montana ACLU.
"By forcing Montanans into two specific boxes, Montana’s conservative movement is pushing a law that is both foolish and discriminatory," ACLU of Montana said.