Montana To Allow Transgender People To Change Birth Record

by | Sep 19, 2022 | Politics

HELENA, Mont. (AP) — 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.AdvertisementThe 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.THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.HELENA, Mont. (AP) — A Montana judge issued a scathing ruling Monday saying state health officials made “calculated violations” of his order to temporarily stop enforcing a law to prevent transgender people from changing the gender on their birth certificate unless they had undergone surgery.District Judge Michael Moses said he would promptly consider motions for contempt based on continued violations of his April order, which he clarified in a verbal order at a hearing on Thursday. Just hours after that hearing, the Republican-run state said it would defy the order.During Thursday’s hearing, attorneys for the state argued that blocking the law did not prevent the health department from promulgating new administrative rules.AdvertisementMontana District Judge Michael Moses speaks to attorneys during a court hearing on birth certificate changes for transgender people, on Sept 15, 2022, in Billings, Mont. Moses said in a Monday, Sept. 19, 2022, order that state health officials were being “demonstrably ridiculous” as they repeatedly refused to follow his orders to stop enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate.via Associated PressThe state, Moses wrote, engaged “in needless legal gymnastics to attempt to rationalize their actions and their calculated violations of the order.” He called the state’s interpretation of his earlier order “demonstrably ridiculous.”The state Department of Public Health and Human Services and the Attorney General’s Office did not immediately respond to an email Monday seeking comment.“All that’s left is for the department to comply with the order and if …

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