Monday, September 19, 2022

Montana ends up double loser in failed attempts to undermine transgender rights

The state of Montana was recently dealt a double loss in its attempts to undermine transgender rights. The first was announced on Friday and it is a big one.

From the Associated Press:

A Montana state judge has determined three laws passed by Montana’s Republican-controlled legislature to regulate activities on university campuses are unconstitutional, including one that sought to ban transgender women from participating on female collegiate sports teams. Montana’s Constitution gives the state board of regents full authority to govern public college campuses and precludes state lawmakers from imposing their own rules, District Court Judge Rienne McElyea said in a ruling issued Wednesday that was emailed to attorneys in the case on Friday. Her ruling noted that the Montana Supreme Court recently affirmed the same conclusion in a challenge to a bill that sought to allow more people to carry guns on campuses.

And on the heels of that victory comes another one on Monday involving the state's attempt to keep trans residents from changing the gender of their birth certificate. Initially the state defied a judge's order to do so. But that changed today after he threatened to consider motions of contempt 

After months of defiance, Montana’s health department says it will follow a judge’s ruling and temporarily allow transgender people to change the gender on their birth certificates. In a written order Monday morning, the judge said state health officials had made “calculated violations” of his order earlier this year to temporarily stop enforcing a state law that would prevent transgender people from changing the gender on their birth certificate. The health department passed a rule saying no one could change the sex on their birth certificate unless there was a clerical error. Under the order, transgender residents can obtain a corrected birth certificate by submitting a sworn affidavit to the health department.

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