News
Montana defies order on transgender birth certificates
Published
2 years agoon
Posted By
AdminBy Matthew Brown and Amy Beth Hanson ASSOCIATED PRESS
BILLINGS – Just hours after a Montana judge blocked health officials from enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate, the state on Thursday said it would defy the order.
District Court Judge Michael Moses chided attorneys for the state during a hearing in Billings for circumventing his April order that temporarily blocked a 2021 Montana law that made it harder to change birth certificates.
Moses said there was no question that state officials violated his earlier order by creating the new rule. Moses said his order reinstates a 2017 Department of Public Health and Human Services rule that allowed people to update the gender on their birth certificate by filing an affidavit with the department.
However, the state said it would disregard the ruling.
“The Department thoroughly evaluated the judge’s vague April 2022 decision and crafted our final rule to be consistent with the decision. It’s unfortunate that the judge’s ruling today does not square with his vague April decision. The 2022 final rule that the Department issued on Sept. 9 remains in effect, and we are carefully considering next steps,” said Charlie Brereton, director of the Department of Public Health and Human Services.
ACLU attorney Malita Picasso expressed dismay with the agency’s stance and said officials should immediately start processing requests for birth certificate changes.
“It’s shocking that after this morning’s hearing the department would allege there was any lack of clarity in the court’s ruling from the bench,” Picasso said. “It was very clear that Judge Moses expressly required a reversion to the 2017 policy, and anything short of that is a continued flagrant violation of the court’s order.”
The legal dispute comes as conservative lawmakers in numerous states have sought to restrict transgender rights, including with bans on transgender girls competing in girls school sports.
The Montana law said people had to have a “surgical procedure” before they could change the sex listed on their birth certificate, something Moses found to be unconstitutional because it did not specify what type of procedure was required.
Gov. Greg Gianforte’s administration then created a new rule that blocked changes to birth certificates entirely, unless there was a clerical error.
“We knew from the beginning the Gianforte administration was going against the will of Montanans and the court’s orders,” said Shawn Reagor, director of equality and economic justice with the Montana Human Rights Network and a member of the transgender community.
After learning the state planned to defy the court order, Reagor said the Montana Human Rights Network “will not stand by while the Gianforte administration blatantly disregards rulings from the courts to continue a vindictive attack on the trans community.”
“The judge was very clear the department must go back to the 2017 rule,” Reagor said. “This is a clear example of the lack of disregard the administration has for the courts.”
Moses said his April ruling had been “clear as a bell” and compared the state’s subsequent actions to a person twice convicted of assault who tries to change their name following a third accusation to avoid a harsher punishment.
“Isn’t that exactly what happened here?” Moses asked. “I’m a bit offended the department thinks they can do anything they want.”
Only Tennessee, Oklahoma and West Virginia have sweeping prohibitions against birth certificate changes similar to what Montana has pursued, advocates for transgender rights say. Bans in Idaho and Ohio were struck down in 2020.
A Republican lawmaker who voted in favor of the 2021 law suggested Moses was biased in favor of the plaintiffs in the case. Moses was appointed to the court by former Gov. Steve Bullock, a Democrat.
“Like clockwork, Judge Moses issued yet another predetermined order in favor of liberal plaintiffs without thoroughly engaging with the legal issues at hand,” Sen. Greg Hertz of Polson said in a statement.
The ACLU of Montana had asked Moses to clarify his order after the state health department enacted its new temporary rule effectively banning birth certificate changes a month after Moses handed down his temporary injunction in the case. That rule was made permanent last week.
The state argued the injunction did not prevent the health department from making rules, but Moses said under case law the injunction reinstated the 2017 rules and any other changes are on hold while the case is decided.
State officials denied that the new rule preventing birth certificate changes was adopted in bad faith. Montana Assistant Solicitor Kathleen Smithgall said the state came up with the new rule to fill a gap in regulations after the 2021 law was blocked.
“Judge Moses mischaracterized the words of his own order, the parties’ motives, and the state of the law,” said Kyler Nerison, a spokesperson for Attorney General Austin Knudsen.
Upcoming Events
march, 2024
Event Type :
All
All
Arts
Education
Music
Other
Sports
Event Details
Children turning 5 on or before 9/10/2024:
more
Event Details
Children turning 5 on or before
9/10/2024: Kindergarten
enrollment for the 2024-2025 school year can be completed by following the
registration process now.
Children
born on or after September 11, 2019: 4K enrollment is now open for
families that have a 4-year-old they would like to enroll in our program for
the 2023-2024 school year. Please complete the 4K Interest Form to
express your interest. Completing this form does not guarantee enrollment into
the 4K program. Enrollment is capped at twenty 4-year-olds currently
residing within Big Sky School District boundary full time and will be
determined by birth date in calendar order of those born on or after September
11, 2018. Interest form closes on May 30th.
Enrollment now is critical for fall preparations. Thank you!
Time
February 26 (Monday) - April 21 (Sunday)
Event Details
My Barking Dog is a nightmare comedy
more
Event Details
My Barking Dog is a nightmare comedy that tells the story of Toby and Melinda, two lonely people whose lives are forever changed the night they encounter a starving coyote at their apartment building. Over time they grow to expect him, leaving ritual offerings to entice the coyote every night. Toby and Melinda forge a connection over this visitor and share curiosity and concern about his presence in the city. The coyote expands their world–until, one night, their world is shattered. Their lives are pushed suddenly into uncharted territory, sending them on a surreal odyssey that changes their city–and the world–forever.
Directed by LX Miller. Starring Max Schneider and Denise Hergett
Verge Theater is continuing their mission to provide accessible theater to our community. Tickets for My Barking Dog are Pay What You Wish with a suggested price of $35. Audience members are offered the opportunity to select the price point that is comfortable for them when purchasing tickets.
My Barking Dog runs March 15-17, 22-24, 28-30
Performances on Thursdays, Fridays, and Saturdays begin at 7:00 p.m., with Sunday matinees offered at 3:00 p.m.
Suitable for ages 16 . No animals are harmed in the staging of this production.
Tickets are available online at www.vergetheater.com
Time
15 (Friday) 7:00 pm - 30 (Saturday) 8:30 pm
Location
Verge Theater
Event Details
Saturday, March 23rd 6:00-8:00pm We will combine the heart-opening powers of cacao with the transcendental powers of breathwork and sound. Together, these practices will give us the opportunity for a deep
more
Event Details
Saturday, March 23rd 6:00-8:00pm
Time
March 23 (Saturday) 6:00 pm - April 23 (Tuesday) 8:00 pm
Location
Santosha Wellness Center
169 Snowy Mountain Circle
Event Details
Thursday of the Lord’s Supper Mass St. Joseph Catholic Mission
Event Details
Thursday of the Lord’s Supper Mass
St. Joseph Catholic Mission
Time
(Thursday) 5:00 pm - 6:00 pm