Montana Hit with Lawsuit over Sex-Change Policy for Birth Certificates, Driver’s Licenses

Montana Capitol

Two transgender people sued Montana on Thursday, challenging a state policy that bars residents from changing the sex designations on their birth certificates unless they meet certain criteria.

Jessica Kalarchik and an individual identified only as “Jane Doe” are listed as plaintiffs in a lawsuit challenging a state policy that, they argue, makes it “impossible” for transgender people born in Montana to change their birth certificates. The policy, which was finalized in 2022, prohibits individuals from changing the gender on their birth certificate, unless their gender was listed incorrectly on the original certificate as a result of data error or misidentification, according to the Montana Department of Public Health and Human Services (DPHHS).

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