Transgender Birth Certificate

Montana District Judge Michael Moses gestures during a court hearing over a state health department rule that prevents transgender people from changing their birth certificates, Thursday, Sept. 15, 2022, in Billings, Mont. Moses struck down the rule at the conclusion of the hearing.

BILLINGS, Mont. — Just hours after a Montana judge blocked health officials from enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate, the state on Thursday said it would defy the order.

District Judge Michael Moses chided attorneys for the state during a hearing in Billings for circumventing his April order that temporarily blocked a 2021 Montana law that made it harder to change birth certificates.

Moses said there was no question state officials violated his earlier order by creating the new rule. Moses said his order reinstates a 2017 Department of Public Health and Human Services rule that allowed people to update the gender on their birth certificate by filing an affidavit with the department.

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