ACLU: State violating court order blocking changes of new birth certificate law

The ACLU of Montana is threatening further legal action against the State of Montana over allegations it is not complying with a judge’s ruling in April that temporarily blocked a recently passed GOP-sponsored bill that changed the process to alter the sex designation on a birth certificate.

In April, Yellowstone County District Court Judge Michael G. Moses ruled that the State could not enforce Senate Bill 280 by issuing a preliminary injunction on the newly passed law. In his ruling, Moses said the law targeted only transgender individuals and was impermissibly vague. The law would have required proof of surgery and a court’s approval for a person to change the sex designation on their birth certificate.

But more than a month later, the ACLU is arguing the State has failed to return to the “status quo” following Moses’ ruling.

“The fact that the State refuses to revert to the previous processes evidences its lack of respect for the judiciary and utter disregard for the transgender Montanans who seek to have a birth certificate that accurately indicates what they know their sex to be. If the State continues to violate the preliminary injunction, we will have no choice but to seek relief from the Court,” a statement from the ACLU read.

A 2017 administrative rule allowed people to alter their birth certificates through an online form; after SB280 was passed, the form was taken down and has not resurfaced online following Moses’ April ruling. Following the preliminary injunction, the Daily Montanan confirmed that individuals wanting to change a sex designation on a birth certificate were still unable to.

The Department of Public Health and Human Services said it is working with the State Department of Justice to review the preliminary injunction.

“Potentially affected requests are temporarily on hold as DPHHS works with DOJ to review the recent preliminary injunction ruling and its implications,” DPHHS spokesperson, Jon Ebelt said in an email. “Staff are advised to relay to applicants that, as a result of ongoing litigation and DPHHS and DOJ’s review of the preliminary injunction, the Office of Vital Records cannot respond further to inquiries at this point in time.”

In July of 2021, two transgender Montanans — Amelia Marquez and “John Doe” — sued the State over the law arguing the law serves no legitimate government interest, singles out transgender residents and violates the State’s privacy clauses, including disclosure of medical records. The ACLU of Montana represented the plaintiffs.

Speaking generally about court procedures, Devlan Geddes of Bozeman law firm Goetz, Geddes & Gardner, said there does not appear to be a legal basis for DPHHS to be dragging its feet.

“If a court issues a preliminary injunction, from the time that it is entered the party that is enjoined is required by law to obey the injunction, and violating the injunction could result in a contempt of court,” Geddes said.

The Daily Montanan is a nonprofit, independent newsroom covering state government. To see this article as originally published, click here.