Montana ruled on Friday that residents cannot change the gender on their birth certificates.
The change ended the previous rule that allowed a switch by providing an affidavit to the state’s health department. a
Montana permanently blocks residents from changing gender on birth certificates https://t.co/LQOlMaecPO
— Fox News (@FoxNews) September 10, 2022
The change
“It also says the sex listed on a person’s birth certificate can only be changed if their sex is misidentified when they are born or if the sex was wrongly recorded because of ‘a scrivener’s error,'” Fox News reported.
“The new rule comes just ahead of court arguments regarding a similar rule that has been in effect on an emergency basis since May,” it added.
Montana health officials on Friday made permanent a rule that blocks transgender people from changing their birth certificates even if they undergo gender-confirmation surgery. https://t.co/1s24FQqc2h
— The Washington Times (@WashTimes) September 10, 2022
The background
“The ACLU of Montana has asked state Judge Michael Moses to strike down the emergency rule,” the Washington Times reported.
“Moses in April had temporarily blocked a 2021 Montana law that made it difficult for transgender people to change their birth certificate,” the report added.
Montana health officials on Friday made permanent a rule that blocks transgender people from changing their birth certificates even if they undergo gender-confirmation surgery. https://t.co/GKqFiquOyP
— PBS NewsHour (@NewsHour) September 9, 2022
The new ruling joins a growing number of states enforcing bans on birth certificate changes. Oklahoma, Tennessee and West Virginia are among the other states with similar rules now in place.
The ruling could be challenged in court. Bans in both Idaho and Ohio were struck down in 2020, according to PBS.
Montana’s gender change rule will apply for now, but the decision may not be the end of the legal battle.