A Montana judge ruled against the state in a lawsuit filed by two transgender women challenging policies that prevent them from changing the sex designation on their birth certificates and driver's licenses. The judge stated that discrimination based on transgender status is inherently discrimination based on sex.
Menahan said it was not necessary at this point in the litigation to determine whether transgender Montanans constitute a special class on the basis of their transgender status, but he disagreed with the state’s argument that discrimination on the basis of transgender status is not discrimination on the basis of sex.
Plaintiff Jessica Kalarchik, who was born in Montana, said in a statement Tuesday that she was frustrated that while “being able to live my life openly as the woman I know myself to be,” Montana “wants me to carry around a birth certificate that incorrectly lists my sex as male.” Chase Scheuer, spokesperson for the Department of Justice, which includes the motor vehicle division, said: “The judiciary has once again defied the democratic will of Montanans by siding with special interest groups and the left’s radical leftist ideology.” The agency hasn’t decided whether it will appeal the injunction.The state health department, which issues birth certificates, did not immediately respond to an email seeking comment.
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