ONE Montana judge blocked a recent state law that prevented transgender people from changing their gender on birth certificates without undergoing surgery. Last week, state health officials adopted a rule that permanently prevents people from changing the gender on their birth certificates. Montana District Judge Michael Moses gestures during a court hearing on a state health department rule preventing transgender people from changing their birth certificates, Thursday, Sept. 15, 2022, in Billings, Mont. Moses broke down the rule at the end of the hearing. (AP Photos/Matthew Brown) The plaintiffs filed a complaint challenging SB280, which passed in Montana Legislature in April last year. The law allowed someone to change the gender on their birth certificate, but only if they had undergone surgery to do so. MONTANA PERMANENTLY BARRIERS RESIDENTS FROM CHANGING GENDER ON BIRTH CERTIFICATE On Thursday, District Court Judge Michael G. Moses ruled that the law violates equal protection, privacy and due process concerns for plaintiffs under the Montana state constitution. Before lawmakers passed SB 280 last April, transgender people could amend their birth certificates by submitting legal form confirming the fact that they have transitioned genders, providing a state-issued identification card with the different gender, or providing a court order indicating a gender change. Protesters gather on the steps of the Montana State Capitol to protest anti-LGBTQ+ legislation. (Thom Bridge/Independent Record via AP, File) In the decision, Moses detailed distinctions the court considered between sex and gender identity, noting that “the medical consensus in the United States is that gender identity is innate and that attempts to change a person’s gender identity are harmful to health and a person’s well-being. it is, but it is also immoral”. CLICK HERE TO GET THE FOX NEWS APP He went on to write that “Surgery is not medically necessary, or medically desirable, for all transgender people. Even for those for whom surgery is appropriate, the specific surgical procedure will vary depending on the individual’s needs. For for some, surgery is medically contraindicated; for others, it is cost prohibitive. Like other important health care decisions, decisions about gender confirmation surgery are deeply personal, require confidential medical evaluations, and often involve close conversations with family members .” Max Thornberry is an associate editor at Fox News Digital. He can be reached at [email protected]com and on Twitter @Max_Thornberry
