Montana bars birth certificate changes, even with surgery

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Montana bars birth certificate changes, even with surgery
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Montana health officials say transgender people can’t change their birth certificates even if they undergo gender-confirmation surgery

FILE - In this March 15, 2021, file photo, demonstrators gather on the steps of the Montana State Capitol protesting anti-LGBTQ+ legislation in Helena, Mont. It's been a month since a Montana judge temporarily blocked enforcement of a state law that required transgender people to undergo surgery before they could change their gender on their birth certificate, and the state still isn't in compliance with the court order, the ACLU of Montana said. BILLINGS, Mont.

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 had a surgical procedure. The new order exceeds the restrictions on transgender rights imposed by the Republican-dominated state Legislature.

According to the order, the sex listing can be changed only if someone’s sex is misidentified when they’re born or if the sex was wrongly recorded as a result of “a scrivener’s error,” according to the order. Many transgender people choose not to undergo gender-confirmation surgeries. Such procedures are sometimes deemed unnecessary or too expensive, two transgender Montana residents argued in their July 2021 lawsuit challenging the Montana law.Over the last several years, legislation in numerous states has been aimed at limiting the rights of transgender people, and the new laws are being challenged in court.

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