Montana Trans Birth Certificate, DMV Policies Remain Blocked

April 15, 2026, 1:39 PM UTC

The Montana Supreme Court kept in place an order halting policies preventing transgender individuals from changing the sex marker on their birth certificates and driver’s licenses.

Plaintiffs Jessica Kalarchik and Jane Doe met the burden needed to win a preliminary injunction, the court said Tuesday in Justice Laurie McKinnon’s majority opinion.

It’s one of several lawsuits challenging state provisions that generally prohibit transgender people from changing sex markers on public documents, while allowing cisgender people to do so for reasons unrelated to their gender identity.

Montana’s health department adopted a rule in 2022 permitting a birth certificate amendment only if ...

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