Montana adopts permanent block on birth certificate changes

The city of BillINGS, Mont. The rule was made permanent by the Montana health officials.

Just days before a court will hear arguments over the legality of a similar rule that has been in effect on an emergency basis since May, the administration of Republican Gov. Greg Gianforte moved. The emergency rule was asked to be struck down by the judge.

There is a law in Montana that makes it difficult for people to change their birth certificates.

People had to have a procedure before they could change their sex on their birth certificate. Changes to birth certificates could not be made after surgery.

Legislators in many states have sought to limit the rights of the trans community.

Only Tennessee, Oklahoma and West Virginia have the same prohibition against birth certificate changes. The bans in Idaho and Ohio were struck down.

A birth certificate that doesn't match a person's gender identity puts them at risk of embarrassment, discrimination, harassment or violence.

The rule was evidence of the state's non-compliance with the order. The matter will be heard by a judge in Montana.

Before the new law, people who wanted to change their birth certificate in Montana had to provide an affidavit.

The Department of Public Health and Human Services said it would no longer record the category of gender on people's birth certificates, replacing it with a listing for "sex" that can be changed only in rare circumstances.

According to the rule, sex can change over time.

The law passed by the Legislature did not specify what surgical procedures were needed.

The court decision put the state in an ambiguous and uncertain situation, and it adopted the rule changes to clarify when a sex designation can be changed on a birth certificate.

The sex on a person's birth certificate can only be changed if the sex was wrongly recorded as a result of a mistake.

The administration tried to circumvent the order through the health department rule, which the Democrats said was a blatant abuse of power.

Jon Ebelt, the health department's spokesman, refused to comment on the upcoming hearing or the new rule.