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Gianforte administration adopts block of transgender birth certificate changes – Brospar Daily News

Helena – Governor Greg Gianforte’s administration unveiled a rule change Thursday, saying state health departments will not change gender markers on birth certificates based on “gender transition, gender identity or gender reassignment”.

Although the Montana Department of Public Health and Human Services held a nearly three-hour public hearing in June, in which more than 100 people opposed the rule, two of whom expressed support. Many opponents of the rule point to the possible mental health consequences for trans people who cannot confirm their gender identity on a birth certificate.

In its response, the DPHHS said it was not aware of any evidence that “the rule will lead to increased suicide rates within the transgender community,” as some said during the hearing. .

Sean Riggle, director of equality and economic justice at the Montana Human Rights Network, said the state health department’s response to public comments was troubling.

“I think it’s pretty clear that the department decided what they were going to do and then held a public hearing because they were asked to do so,” Reagor said. “

New DPHHS Director Charlie Brereton approved the rule amendment and scheduled it to go into effect on Saturday. The Montana Department of Public Health and Human Services also repealed a similar emergency rule issued in May after Yellowstone County Magistrate Judge Michael Moses ordered it to stop. impose law 2021.

Under the 2021 law, trans Montanaans will have to prove they had surgery and get a court order before the state can swap their birth certificate for sex or gender markers. Two trans Montanaans sued over the law, and Moses ordered the department to stop enforcing the law while the case was argued in court.

Whether the state is even allowed to make new rules around birth certificates and gender markers while the case is pending will be argued in court in Moïse next week.

When Moses issues a preliminary injunction, the ACLU says the state should return to status quoa judge’s order made it a 2017 law. Compared to the 2021 law, the 2017 approach only requires forms and attestations from those seeking a solution.

ACLU attorney Akilah Lane said the passage of the new rule is further evidence that the department is not complying with the court order.

“We are preparing to hold hearings to help the state better understand what is being asked of them so they can perform these duties under the preliminary injunction order,” Lane said.

In Moses’ order granting preliminary injunctions, he said “trans people who are denied an accurate birth certificate are deprived of meaningful control” over how they disclose their trans identity.

A mismatch between a person’s gender identity and the information on their birth certificate can also expose transgender people to discrimination and harassment at work, in medical offices and in interactions with government officials, according to the order.

“A mismatch between a person’s gender identity and the information on their birth certificate may even expose them to violence,” the order said.

The DPHHS did not respond to a request to discuss further rule changes with Brereton.

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