Associated PressAssociated Press
FILE - In this March 15, 2021, file photo, demonstrators gather on the steps of the Montana State Capitol protesting anti-LGBTQ+ legislation in Helena, Mont. A Montana judge on Thursday, April 21, 2022 has granted a temporary restraining order against a law that makes it difficult for transgender people to change the sex on their birth certificates. (Thom Bridg/Independent Record via AP, File) (ASSOCIATED PRESS)

The state of Montana. A judge in Montana temporarily blocked enforcement of a law that required people to have a sex change before changing their sex on their birth certificates.

As they gain more visibility in culture and society, Republican-controlled states such as Alabama have moved to restrict trans rights.

The law in Montana is unconstitutionally vague because it does not specify what surgical procedure must be performed. The law required people to get a court order to show they had a surgical procedure.

The constitutionality of the law was not analyzed because he was able to grant the temporary injunction based on vagueness.

Akilah Lane, staff attorney at the American Civil Liberties Union of Montana, said that they were thrilled that the court recognized the substantial and unnecessary burdens this law places upon trans people.

Amelia and the man who is not identified in court records wanted to change the sex on their birth certificates without having to have surgery.

If they are asked to provide their birth certificate, they will be at risk of embarrassment, discrimination, harassment or violence.

She legally changed her name after undergoing hormone therapy. The lawsuit said that having a birth certificate that does not match her gender identity puts her at higher risk of harassment, hostility and discrimination.

The evidence provided by thePlaintiffs was that neither gender-affirming surgery nor any other medical treatment that a trans person undergoes is related to their sex.

Until the full case is decided, the temporary injunction is still in place.

Before the law was challenged, residents of the same sex who wanted to change their birth certificate had to provide an affidavit to the state health department. The process was put back in place by the temporary injunction.

The legislation was sponsored by Republican state Sen. Carl Glimm, who argued that the health department overstepped its authority in changing the gender designation on a birth certificate.

The office of Attorney General Austin Knudsen, who is defending the state in this case, did not respond to an email asking if the state would appeal the injunction.

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