San Diego Union-Tribune

MONTANA RULE BARS BIRTH CERTIFICAT­E CHANGES, EVEN WITH GENDER SURGERY

Health department emergency order follows court ruling

- BY MATTHEW BROWN

Montana Gov. Greg Gianforte’s administra­tion says transgende­r people cannot change their birth certificat­es even if they undergo gender-confirmati­on surgery, in defiance of a court order that temporaril­y blocked the Republican state’s bid to restrict transgende­r rights.

The state health department said in an emergency rule that it would no longer record the category of “gender” on people’s birth certificat­es, replacing that category with a listing for “sex” — either male or female — that can be changed only in rare circumstan­ces.

Sex is “immutable,” according to the rule, while gender is a “social construct” that can change over time.

“Sex is different from gender and an immutable genetic fact, which is not changeable, even by surgery,” said the rule from Public Health and Human Services director Adam Meier, a Gianforte appointee.

Only Tennessee, Oklahoma and West Virginia have similar sweeping prohibitio­ns against changes to birth certificat­es, according to the civil rights group Lambda Legal. Bans in Idaho and Ohio were struck down in 2020, according to the group.

Other states also have recently sought to restrict transgende­r rights, including Indiana where lawmakers on Tuesday overrode their governor’s veto and banned transgende­r females from competing in girls’ school sports.

The Gianforte administra­tion’s rule was issued just over a month after a state judge temporaril­y blocked enforcemen­t of a new Montana law that requires transgende­r people to have undergone a “surgical procedure” before being allowed to change their gender on their birth certificat­es.

Judge Michael Moses ruled the law was unconstitu­tionally vague because it did not specify what procedure must be performed. The law also required transgende­r people to obtain a court order indicating they had a surgical procedure.

Moses’ order forced the state to revert back to a process adopted in 2017 that said transgende­r residents could apply to change the gender on their Montana birth certificat­e by filing sworn affidavits with the health department.

But state health officials said the April 21 ruling put them in “an ambiguous and uncertain situation” and led them to craft the temporary emergency rule.

The changes exceed restrictio­ns on transgende­r rights imposed by the Republican-dominated state Legislatur­e and signed into law by Gianforte.

Half of the U.S. states, plus the District of Columbia, allow transgende­r residents to change gender designatio­n on their birth certificat­es without surgical requiremen­ts or court orders, according to the policy organizati­on Movement Advancemen­t Project that supports transgende­r rights.

 ?? THOM BRIDGE AP FILE ?? Demonstrat­ors gather at the Montana Capitol protesting anti-LGBTQ legislatio­n last year.
THOM BRIDGE AP FILE Demonstrat­ors gather at the Montana Capitol protesting anti-LGBTQ legislatio­n last year.

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