Judge finds birth-certificate changes imposed by Legislature violate Montana's Constitution

[TexasTowelie]

Judge said Senate Bill 280 only affects transgender residents, invades privacy, is too vague


A Yellowstone County District Court judge has ruled that a law meant to make changing a gender designation on a birth certificate more rigorous appears to violate the state’s constitution, and he’s blocked the law with a preliminary injunction.

Judge Michael G. Moses ruled that Senate Bill 280, which was passed by the Legislature in 2021, targeted only transgender individuals and was so vague as to be arbitrary when enacted because it failed to specify several important items, like what surgical procedure would satisfy the law, and who would judge which surgical procedures were adequate for changing the document.

Furthermore, Moses ruled that the law forced disclosure of sensitive medical records and ran afoul of the state constitution’s right to privacy.

“Today is a huge win for all Montanans as we strive toward a more equal community,” said Amelia Marquez, a transgender woman who brought the lawsuit and also has run for public office. “Our constitution provides the means to protect the most vulnerable Montanans, and I am thankful for those who continue to advocate for gender diverse Montanans and our rights.”

Read more: https://dailymontanan.com/2022/04/21/judge-finds-birth-certificate-changes-imposed-by-legislature-violate-montanas-constitution/