VAGUING

Montana Flouts Judge’s Order on Transgender Birth Certificate Changes

Lawyers for the state said they would disregard a judge’s ruling, which would have allowed transgender people to change the gender on their birth certificate.

A contentious back-and-forth between a Montana judge and the state on the ability of transgender residents to change the gender listed on their birth certificate took a dark turn on Thursday, with lawyers for the government saying they planned to ignore the judge and continue to enforce a rule banning amendments to certificates. In a statement that twice called the judge’s order “vague,” the state asserted the rule would remain in effect while it considered “next steps.” The dispute stems from a state bill signed into law last year that restricted but did not outright prevent a transgender person from changing their birth certificate. District Court Judge Michael Moses stepped in with an April preliminary injunction blocking the law on the grounds that it was “vague.” In response, the state implemented a rule even more controlling last week, making it “virtually impossible for trans folks to amend the gender marker on their birth certificate,” in the words of an American Civil Liberties Union of Montana official. Hours before the state’s defiance, Moses had said the rule clearly violated his injunction.