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Montana Judge Blocks Transgender Document Policy Discrimination

Demonstrators gather on the steps of the Montana state Capitol protesting anti-LGBTQ+ legislation in Helena, Mont., March 15, 2021. (Thom Bridge/Independent Record via AP, File)

A state judge in Montana has issued a temporary block on policies that prevented transgender individuals from changing the sex designation on their birth certificates and driver’s licenses. The ruling by District Judge Mike Menahan came on Monday, halting the rules while the case progresses through the legal system.

Judge Menahan stated that it was unnecessary at this stage to determine whether transgender Montanans constitute a suspect class based on their transgender status. However, he disagreed with the state's argument that discrimination against transgender individuals is not discrimination based on sex. He emphasized that if state actions discriminate against transgender individuals due to their transgender status, they also inherently discriminate based on sex.

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