ACLU sues Montana over law that prohibits transgender people who don't want or can't afford gender-affirming surgery from obtaining accurate birth certificates.
, which is representing the plaintiffs along with the ACLU of Montana and Nixon Peabody LLP.
Doe, the other plaintiff, has received some transition care but doesn't want to have additional surgeries that may be required by the law, according to the lawsuit. Montana's law requires an individual to reveal their private medical information in a public court proceeding, and, as a result,"deprives that person of their rights to equality and privacy in violation of the Montana Constitution," the lawsuit states.
Twenty-three states allow self-attestation to change a gender marker on a birth certificate and do not require surgery nor a court order, according to the, a nonprofit LGBTQ think tank. Fourteen states allow an M, F or X, a nonbinary gender marker, on birth certificates.
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