Montana to allow transgender people to change birth record

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Montana to allow transgender people to change birth record
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After months of defiance, Montana’s health department said it will follow a judge’s ruling and temporarily allow transgender people to change the gender on their birth certificates

Montana District Judge Michael Moses speaks to attorneys during a court hearing on birth certificate changes for transgender people, on Sept 15, 2022, in Billings, Mont. Moses said in a Monday, Sept. 19, 2022, order that state health officials were being"demonstrably ridiculous" as they repeatedly refused to follow his orders to stop enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate. HELENA, Mont.

On Monday afternoon, the Department of Public Health and Human Services issued a statement saying it would comply with the order, despite disagreeing with it. “The department stands by its actions and analysis concerning the April 2022 preliminary injunction decision, as set forth in its rulemaking that addressed critical regulatory gaps left by the court,” said Jon Ebelt, spokesperson for the health department. The agency is considering its next steps in the litigation, the statement said.

Ebelt did not respond to an email asking when the state might start processing applications. Rate did not know how many people have sought to correct their birth certificate in recent months, but he was aware of people who had contacted the court after the April injunction and up through Monday. The health department “refused to issue corrections to birth certificates for weeks in violation of the order,” Moses wrote. The state did not appeal Moses' ruling either.Moses' order on Monday included a copy of the 2017 rules.

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