Just hours after a Montana judge blocked health officials from enforcing a state rule that would prevent almost all transgender people from changing the gender on their birth certificate, the state on Thursday said it would defy the order.
The decision comes as part of a long legal battle between the state and the judge that began in 2021, when the state passed a law saying people had to have a"surgical procedure" before they could change the sex listed on their birth certificate. In April 2022, District Court Judge Michael Moses issued a temporary injunction blocking that law from going into effect.
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. ACLU attorney Malita Picasso expressed dismay with the agency's stance and said officials should immediately start processing requests for birth certificate changes.
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." 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.
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