HELENA — The Montana Supreme Court just delivered a victory for transgender rights.
In a 5-2 ruling, the court upheld a preliminary injunction allowing transgender Montanans to amend birth certificates and driver's licenses to match their gender identity.
The case involves a 2023 law, Senate Bill 458, that defines sex as based on biological sex at birth.
Two transgender women sued, arguing the law forces them to "out" themselves every time they show identification.
One plaintiff described a prolonged traffic stop in which police could not verify her identity because her appearance no longer matched her driver's license issued before the transition.
The court ruled this constitutes sex discrimination under the Montana Constitution, applying strict scrutiny.
However, two justices, Jim Rice and Cory J. Swanson, dissented, with Rice arguing the court is forcing the state to issue "falsified legal documents."
The ACLU called the ruling a critical win for transgender Montanans.
"Today’s ruling is an important victory for transgender people across the state of Montana, and perhaps even a glimmer of relief to transgender people across the country who are enduring a relentless effort to strip away their rights at nearly every level of government," said Malita Picasso, staff attorney for the ACLU's LGBTQ & HIV Project.
In a statement, Chase Scheuer, deputy communications director for Attorney General Austin Knudsen, said, “Requiring the state to issue false documents simply doesn't change the reality that men cannot become women, and women cannot become men. It's disappointing, but not surprising, that once again the majority of the Montana Supreme Court chose to advance the agendas of their woke political allies rather than evaluate the case on its facts. We should expect this out of California or Colorado, but not Montana.”
The Montana Supreme Court’s ruling is preliminary.
A full trial remains pending.
