A conservative judge in Texas has issued a ruling against a federal guidance ensuring workplace non-discrimination protections for transgender, non-binary, and gender non-conforming employees.
In an October 1 ruling, Matthew Kacsmaryk, a judge in the U.S. District Court for the Northern District of Texas, declared that, in June 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance that incorrectly interpreted the June 2020 Supreme Court ruling Bostock v. Clayton County.
The 2020 Supreme Court decision found that discrimination against gay and transgender employees is a form of sex discrimination forbidden by Title VII of the 1964 Civil Rights Act.
One year later, the EEOC issued a guidance stating that the ruling required workplaces with more than 15 employees to allow all transgender, non-binary, and gender non-conforming workers to use the pronouns, dress codes, facilities, and healthcare practices matching their gender identities.
In response, the state of Texas sued the EEOC, and Judge Kacsmaryk just ruled in the state’s favor. He ruled that although the 2020 Supreme Court decision declared that employers can’t discriminate against workers for their sexuality or gender identity, it doesn’t protect an employee’s “correlated conduct.”
As such, Kacsmaryk declared the EEOC’s guidance unlawful and said that Texas doesn’t have to follow it. However, the matter is far from settled.
That’s because 20 Republican-led states have also sued the EEOC over the guidance, alleging that the federal agency violated the Administrative Procedure Act by not following the required process for making new rules and also the Constitution’s 10th Amendment by trampling on states’ authority over privacy expectations in workplaces.
Kacsmaryk’s ruling isn’t entirely surprising considering that he once served as the deputy general counsel for the First Liberty Institute (FLI), a legal organization that generally represents conservative Christians, attacks the separation of church and state, and opposes LGBTQ rights.
“Five justices of the Supreme Court found an unwritten ‘fundamental right’ to same-sex marriage hiding in the due process clause of the Fourteenth Amendment — a secret knowledge so cleverly concealed in the nineteenth-century amendment that it took almost 150 years to find,” he wrote.
Bisexual Swedish geneticist Svante Paabo won the Nobel Prize in medicine on Monday.
The 67-year-old helped found the study of paleogenetics, a field that investigates ancient humans and other species using very old genetic materials. Using this science, Paabo successfully reconstructed the genome of Neanderthals, the closest ancient relative to homo sapiens, the modern human species. Scientists think that Neanderthals genetically diverged from homo sapiens nearly 500,000 to 650,000 years ago.
Paabo’s reconstruction of the Neanderthal genome was particularly impressive considering that his team only had DNA evidence that had severely degraded over nearly half a million years.
He and his team also helped discover a new human species called the Denisovans by successfully extracting DNA from a small finger bone fragment found in a Siberian cave. The discovery helped scientists understand how humans migrated across Asia.
Paabo’s work isn’t just about the past. Paleogenetics can help modern scientists understand how both the human mind and body evolved, particularly in response to illnesses.
For instance, during the height of the COVID-19 pandemic, Paabo found that people with greater amounts of Neanderthal DNA were more likely to become severely ill. Scientists used this information to understand more about how best to respond to newly infected individuals.
“Trying to understand the implications of [ancient DNA] for health is something that will be with us for the rest of…our time as a species,” David Reich, a population geneticist at Harvard Medical School in Boston told The National News when speaking of Paabo’s work.
Paabo’s Nobel prize came with a $900,000 reward. Upon hearing about his win, his teammates celebrated by throwing him into a pool of water near the institute where he works.
Paabo publicly came out as bisexual in his autobiographical 2014 nonfiction book, Neanderthal Man: In Search of Lost Genomes.
He reportedly wrote that he thought he was gay until he met his wife, U.S. primatologist and geneticist Linda Vigilant, and fell for her “boyish charms.”
They are now raising a son and a daughter in Leipzig, Germany. There, Paabo founded the Max Planck Institute for Evolutionary Anthropology, where he now works.
Paabo’s father, Sune Bergstrom, also won the Nobel prize in medicine in 1982.
“The biggest influence in my life was for sure my mother, with whom I grew up,” Paabo said in his Nobel interview. “And in some sense, it makes me a bit sad that she can’t experience this day. She sort of was very much into science, and very much stimulated and encouraged me through the years.”
Paabo is also an adjunct professor at Japan’s Okinawa Institute of Science and Technology.
When transgender activist Erin Reed first started transitioning, she found it difficult to locate gender-affirming health centers that provide informed consent around hormone replacement therapy (HRT) and its effects. So, as an adult, she conducted extensive research in trans-inclusive web forums and created a Google Map listing 786 trans-supportive clinics, LGBTQ community centers, and other services across the nation.
A transphobic website called “The Gender Mapping Project” (or “The Gender Mapper”) seemingly reposted Reed’s map — typos and all — in order to help anti-trans activists “name and shame doctors” that support trans clients. The website’s stated goal is to abolish the “gender industry.”
“We are dedicated to delivering the truth about what is happening to children and youth by documenting the hard numbers on how many gender clinics, how many surgical clinics, and recording evidence where necessary. We wish to hold those who are harming to account and we demand justice for the victims,” the website states.
The website — which repeats right-wing falsehoods about “experimental surgeries,” chemical castration, and using gender-affirming care to “abuse” children — was founded by Alix Aharon, a member of the Women’s Liberation Front, a group that opposes trans legal and civil rights.
When Reed became aware of the website allegedly using her map, she tweeted, “I am enraged. I made my informed consent HRT map specifically for people dealing with poverty or lack of access to be able to obtain hormones after a move, or obtain without going for a year of therapy they can’t afford. And this d**k is using it for hate.”
Reed filed a Digital Millennium Copyright Act claim and asked Google to remove the map. But the Gender Mapping Project continues to use it, Reed told The Daily Dot.
Aharon’s website map may have already helped anti-trans groups target gender-affirming care providers. Reed and other trans activists worry that others will use the map to intimidate, harass, or commit violence against care providers and their clients. This possibility seems entirely possible considering that death and bombing threats have targeted at least two gender-affirming hospitals so far.
Aharon’s website, Republican politicians, Fox News, as well as other activists and media figures have claimed that gender-affirming care is a form of “child abuse” even though every major U.S. medical association says such care improves the lives of trans people.
“Given the threats made against clinics and attacks on LGBTQ community centers, this poses an immediate risk to every place listed in this map,” trans advocate Alejandra Caraballo wrote on Twitter. “Anti-abortion activists use similar lists to coordinate bombings of clinics and murders of providers.”
In response to such criticism, Aharon disingenuously told Salon, “My map is subject to interpretation. I don’t express an opinion on the actual map, if someone thinks that child gender clinics are a wonderful thing then my map is simply a resource for treatment.”
She told The Daily Dot that she doesn’t “really have other political views” and doesn’t see how her map can be transphobic seeing as pro-trans advocates have posted similar maps.
While her website rails against gender-affirming care for children, its map contains listings for places offering “’adult advocacy, support & ancillary services’ including support groups, chest binders, and STD testing,” The Daily Dot noted.
The Gender Mapping Project’s Twitter and Facebook accounts have both been suspended. However, the site maintains a monetized YouTube account, meaning that Google and Aharon can both profit from it. Google told the aforementioned publication that it is investigating the YouTube channel and Google Map.
Google also said that anyone can create maps and also report ones that may violate the company’s policies. Meanwhile, Twitter users are sharing the map online, tagging high-profile anti-trans activists who could help direct violence toward gender-affirming caregivers, the aforementioned publication reported.
One Twitter user criticized Google’s inaction against Aharon, writing, “Seriously @google @googlemaps you are putting people in danger by not taking this down. Do something about it. #NoHate.”
When Jennifer Eller first began transitioning in 2011, she was an English teacher in Kenmoor Middle School in Maryland. That year, the students began calling her a pedophile. A human resources worker said that her therapist’s note about her transition was “garbage” before insisting that Eller present as male at the school. Another administrator told her not to wear skirts because it’d make others feel uncomfortable.
Eller transferred to Friendly High School, thinking things would get better. They got worse.
Students and parents repeatedly called her a tr***y and a pedophile and misgendered her. Students regularly called Eller “mister,” a “he/she,” an “it,” and “a guy in a dress.” They asked about her genitals. One threatened to rape her and make her “their girlfriend.” She reported the rape threat, but the school principal said he couldn’t do anything about it.
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One parent who accused Eller of “lying to everyone” about her gender came to school to yell at her. The parent had to be removed by school security.
Eller said she filed formal harassment and discrimination complaints with school officials. In response, school officials retaliated against her, she said. The school removed Eller from teaching an advanced English course, accusing her of being too friendly with students. Later, administrators and staff baselessly accused her of shouting at students and making them fear for their safety, Eller said.
She eventually resigned from teaching in 2017, citing a need to protect her own mental and physical health. She later filed a complaint with the federal Equal Employment Opportunity Commission (EOCC). The EEOC determined that Eller’s claims had merit. She then filed a lawsuit against the Prince George’s County Public School district in 2018, stating that officials had done nothing to stop or address the transphobic abuse.
The school district recently settled with Eller for an undisclosed amount. The district also put into place policies and administrative procedures for handling future transphobia. These changes were part of the settlement agreement, The Washington Post reported.
The changes also include school staff resources that explain trans identity and related terms, pronoun use, policies about bathroom and locker room facilities, dress codes, athletic participation, and other related issues.
“If these policies had been in place when I started my process,” Eller told the Post, “I would have known what my protections were and what I can expect from folks. And that’s not to say everybody’s perfect or that everyone would follow it. But I think that it would have been different. I think it would have been a healthier environment for me.”
Eller currently works as part of the U.S. Navy’s Child & Youth Programs where she is treated with respect, her lawyers said. However, working there, she only earns a fraction of what she made as a teacher.
Bisexual workers report lower rates of workplace discrimination than cisgender lesbians and gay men, a new study has found, but that may be because fewer cis bisexuals are out at work compared to cis lesbians and gay men.
The Williams Institute — a UCLA’s School of Law group that researches sexual orientation and gender identity issues — analyzed survey data collected in May 2021 from 935 LGBTQ adults in the workforce.
Its analysis found that 33.8 percent of gay and lesbian employees experienced at least one form of employment discrimination, namely, being fired or not hired due to their sexual orientation. Comparatively, 24.4 percent of bi employees reported experiencing the same.
The lower overall rates of discrimination may be due to the fact that fewer bisexuals are out at work. Only 19 percent of bi workers are out to all their co-workers, compared to 50 percent of gay and lesbian workers who are out to co-workers.
Only 19 percent of bi workers are out to their coworkers, compared to 50 percent of gay and lesbian workers. Similarly, only 36 percent of bi employees are out to their supervisors, compared to 74.6 percent of gay and lesbian employees.
Bi men and women were also more likely than gay and lesbian employees to report changing their workplace appearance to hide their sexual orientation. Approximately 26.4 percent of bi workers said they had done so, compared to 17.9 percent of gay and lesbian workers.
Interestingly, roughly 60 percent of gay, lesbian, and bi employees said they avoided social events and personal discussions to reduce the likelihood of discrimination and harassment. But when bi employees were out to their coworkers, they reported facing similar or higher rates of discrimination and harassment as out gay and lesbian workers.
The survey also found that gay and bi men typically faced higher rates of employment discrimination, verbal, and sexual harassment than lesbians and bisexual women.
For example, 57.7 percent of bi men experienced verbal harassment, compared to 26.8 percent of bisexual women. While 41.6 percent of gay men experienced verbal harassment, only 29.5 percent of lesbians experienced the same thing. Nearly 50 to 65 percent of all discrimination was religiously motivated, the respondents said.
Workplace sexual harassment was experienced by 34.8 percent of bi men, 33.6 percent of gay men, 29.2 percent of bi women, and 17.4 percent of lesbian women. While 58 percent of out bi men said they had left previous jobs due to workplace discrimination, only 27 percent of out bi women had left previous jobs for the same reason.
These findings came out just before Celebrate Bisexuality Day, an annual day for uplifting the bisexual community, individuals, and their shared history. Today is Celebrate Bisexuality Day.
A 2021 Gallup found that 57 percent of LGBTQ Americans identify as bisexual.
A recent study from the Centers for Disease Control and Prevention (CDC) has found that monkeypox disproportionately affects people with HIV and sexually transmitted infections (STIs).
The study looked at HIV and STI rates among 1,969 people with monkeypox in eight U.S. jurisdictions.
Of that sample, 38 percent of people with monkeypox had also contracted HIV in the last year. About 41 percent of people with monkeypox also had an STI in the preceding year. About 61 percent of the sample had contracted either an STI or HIV in the previous year.
Researchers said this correlation doesn’t necessarily mean that having HIV or an STI means you’re more likely to contract monkeypox.
In fact, the higher number may be due to a “self-referral bias,” meaning that people who visited a medical professional due to monkeypox symptoms may also already have established healthcare for HIV and STIs. Either that, or sexual health providers may be more likely to recognize and test for the monkeypox virus among men who’ve had HIV and STIs over the past year.
“Persons with monkeypox signs and symptoms who are not engaged in routine HIV or sexual health care, or who experience milder signs and symptoms, might be less likely to have their Monkeypox virus infection diagnosed,” researchers wrote.
HIV-positive people in the study sample were also twice as likely to be hospitalized due to monkeypox compared to HIV-negative people with monkeypox, WTTW reported.
This could mean that people with compromised immune systems — the kinds associated with advanced and under-treated forms of HIV — are more likely to exhibit severe monkeypox symptoms. Despite this, people with HIV aren’t more likely to exhibit worse monkeypox symptoms than HIV-negative people in the general population, according to Dr. Aniruddha Hazra, assistant professor of infectious disease and global health at UChicago Medicine.
The study also found HIV was more prevalent among Black and Latino people with monkeypox, with rates of 63 percent and 41 percent, respectively. These rates were higher than the 28 percent of white people and 22 percent of Asian people who have both HIV and monkeypox.
These racial disparities are particularly concerning considering that numerous studies have shown that Black and Latino men are less likely than white men to be vaccinated against monkeypox and to have access to HIV-related medical care.
In response to the study’s findings, the CDC recommended that medical professionals prioritize people with STIs and HIV for monkeypox vaccination. Additionally, the CDC recommended offering STI and HIV screenings for people who are evaluated for monkeypox.
This last week, White House health officials voiced their belief that “we’re going to get very close” to eradicating monkeypox. As of September 23, there were 24,846 total confirmed monkeypox cases in the United States, the CDC reported.
With Republicans threatening to reverse LGBTQ civil rights and generally undermine democratic elections, there’s a lot riding on the November midterms. But Voter ID laws across the nation could seriously impair transgender people from voting.
New research from The Williams Institute found that out of 878,300 eligible transgender voters in the U.S., as many as 203,700 could be blocked from voting because their government-issued IDs don’t reflect their gender identity — that’s nearly one-fourth of all eligible trans voters.
If a trans person arrives at a polling place with a government-issued ID containing an incorrect gender or name, they may be turned away by poll workers who think they’re trying to “impersonate” another individual.
203,700 disenfranchised trans voters is roughly the entire population of Salt Lake City, Utah; Little Rock, Arkansas; Amarillo, Texas; or Grand Rapids, Michigan, according to U.S. Census data.
Changing an ID isn’t always easy, and “transgender people of color, young adults, people with low incomes, and people with disabilities are more likely to not have accurate IDs for voting,” the Williams Institute wrote.
Trans people face numerous barriers to changing their ID gender markers. The process can take lots of time and money and require access to medical care that many trans people don’t have.
According to the Movement Advancement Project, 10 states require documentation from a medical provider in order to change a trans person’s gender marker; 8 states require proof of surgery, court order, or an amended birth certificate; and 10 states have “burdensome” or “unclear” policies on changing such gender markers.
Changing a birth certificate to get a new ID can also present problems: 12 states require trans people to undergo a gender-affirming surgery before officials will revise a birth certificate; 4 states don’t allow any changing of birth certificate gender markers whatsoever.
Name changes aren’t always easy either. Nine states require people to publicly post their name change requests online, something that can make them a target for harassment or violence.
An estimated 414,000 eligible trans voters live in the 31 states that predominantly have in-person voting and require voter ID. Nearly half of trans voters in those states don’t have an ID that accurately reflects their gender or name. Additionally, 64,800 eligible trans voters live in states that have very strict voter ID laws.
The exclusion of trans voters is particularly concerning as Republicans introduce anti-trans legislation across the country.
Republicans have ostensibly introduced voter ID laws as a way to stop the nearly nonexistent problem of voter fraud. But both the American Civil Liberties Union and The Brennan Center for Justice have called voter ID laws a form of “voter suppression” that mostly disenfranchises Democratic voters.
Senate Majority Leader Chuck Schumer (D) has announced his attention to hold a vote “in the coming weeks” on the “The Respect for Marriage Act,” a bill that would help enshrine same-sex marriage rights into law.
In doing so, he’d get Senate Republicans to state whether they support marriage equality before the November midterm elections. Democrats could use Republican opposition to the bill to pummel conservative candidates and convince larger numbers of Democratic voters to come to the polls.
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Democratic and Independent voters have come out against Republicans in greater numbers since the conservative-led Supreme Court overturned the right to abortions nationwide in June. Political commentators think even more voters could come out against Republicans over same-sex marriage, considering that a June Gallup poll found that 71 percent of voters support marriage equality.
“Let me be clear,” Schumer said in a Wednesday press conference, “a vote on marriage equality will happen on the Senate floor in the coming weeks, and I hope there will be 10 Republicans to support it.”
“Our two leading members on this issue, Sen. [Tammy] Baldwin and [Kyrtsten] Sinema, are working with Republicans to see if there are enough votes to pass the bill,” he added.
Thus far, Senators Susan Collins (R-ME), Lisa Murkowski (R-AK), Rob Portman (R-OH), and Thom Tillis (R-NC) have all said that they would vote in favor of the bill. The bill needs 10 Republican senate votes to reach the 60-vote threshold needed to overcome a guaranteed filibuster and become law.
When asked about the legislation on Wednesday, White House Press Secretary Karine Jean-Pierre said, “I know there’s a legislative pathway that’s being discussed currently in Congress. We’ll let leadership decide how to move forward with that.”
She added, “The President is proud is a champion of a right for people to marry. They can choose who they love, and he believes it is non-negotiable, and the Senate should act swiftly to get this to the President’s desk.”
However, several Republican senators have come out against the bill.
“Never felt this bill is necessary,” he told reporters on Wednesday. “This is just Democrats opening up a wound that doesn’t need to be opened up. And now that I’ve talked to people there are some very serious concerns on religious liberty…. I would not support it in its current state.”
Sen. Ted Cruz (R-TX) has also said he will oppose the bill due to concerns over “religious liberties.”
“This bill without a religious liberty protection would have massive consequences across our country, weaponizing the Biden administration to go and target universities, K-12 schools, social service organizations, churches and strip them all of their tax-exempt status,” Cruz claimed earlier this week on his podcast Verdict.
Cruz said that he and his allies are encouraging fellow Republicans to vote against the bill. He also said Republicans would push to add an amendment to the bill that would provide “a strong protection of religious liberty.”
Sen. James Lankford (R-OK) has also said he’ll oppose the bill, stating, “I believe marriage is between a man and a woman.”
In mid-July, 47 Republican House lawmakers voted in favor of the bill, helping it pass the lower legislative chamber.
In late July, 83 conservative organizations wrote a letter to Senate Minority Leader Mitch McConnell (R-KY), claiming that the bill will legalize polygamy and incest.
In reality, he Respect for Marriage Act would officially repeal the so-called Defense of Marriage Act (DOMA), the 1996 law that forbade the federal government from legally recognizing same-sex marriages. In its place, the act would require the federal and state governments to recognize same-sex marriages as long as they occurred in states that offer them. If any state refuses to recognize such marriages, the act says, the spouses can sue.
Democrats and Collins introduced the bill after Supreme Court Justice Clarence Thomas indicated that the nation’s highest court should consider overturning Obergefell v. Hodges, the 2015 court ruling that legalized same-sex marriage nationwide.
In his footnote to the June Supreme Court decision overturning abortion access nationwide, Justice Thomas wrote that the court should “reconsider all of this Court’s substantive due process precedents, including Griswold [the case that granted the right to contraception] Lawrence [the case that struck down anti-sodomy laws], and Obergefell [the case that legalized marriage equality].”
“We have a duty to ‘correct the error’ established in those precedents,” Thomas wrote.
If the court overturns Obergefell, it would essentially leave individual states to decide their own same-sex marriage laws. Nearly 30 states have same-sex marriage bans currently on their books.
The Respect for Marriage Act has the support of LGBTQ and allied national organizations including the ACLU, the Center for American Progress, the Equality Federation, Family Equality, Freedom for All Americans, GLAD, Human Rights Campaign (HRC), Lambda Legal, the National Black Justice Coalition, the National Center for Lesbian Rights, the National Women’s Law Center, and PFLAG.
On August 30, middle school administrators allegedly pulled a 13-year-old transgender boy out of class so an investigator from the state’s Department of Family and Protective Services (DFPS) could ask him personal questions about his past medical history, gender dysphoria, and past suicide attempt.
The boy — given the pseudonym “Steve Koe” in court documents — was left “shaking and distressed” by the interrogation, The Washington Post reported. Worse yet, the interrogation allegedly occurred after a court told DFPS investigators to stop doing them.
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Now, Koe’s story is a part of supplemental evidence being filed by the LGBTQ-advocacy organizations Lambda Legal and the American Civil Liberties Union (ACLU) in its lawsuit against Texas Gov. Greg Abbott.
In February, Abbott ordered DFPS to investigate for child abuse any parents who allow their trans children to access gender-affirming medical care. Abbott based his order on a non-binding opinion from the state’s Attorney General Ken Paxton which called such care a form of “child abuse.”
Paxton’s opinions and Abbott’s order both went against the best practices of pediatrics outlined by the American Academy of Pediatrics, the American Medical Association, and the American Psychological Association. These organizations consider gender-affirming medical care necessary in many cases, noting it reduces mental anguish and suicide risk among trans youth.
Soon after issuing his order, several DFPS employees quit and some state attorneys refusedto enforce it. The Texas Supreme Court ruled that neither Abbott nor Paxton had the authority to issue the order. Several families with trans children, represented by Lambda Legal and the ACLU also filed a lawsuit against Abbott.
The presiding district judge in the lawsuit issued a temporary restraining order, effectively stopping DFPS’ investigations while the court prepares to consider the order’s legality in December.
Koe’s story — part of supplemental evidence illustrating how state agencies are handling the alleged child abuse cases — suggested that DFPS continued its investigations of trans families, even after the court ordered it to stop. In a May briefing, state government officials noted that the judge’s ruling to temporarily stop the probes “prevents a state agency from carrying out its statutory duty to investigate reported child abuse,” the Postwrote.
Another woman, identified pseudonymously in court documents as Samantha Poe, said her 14-year-old child became the subject of a DFPS abuse investigation even though the child had received no gender-affirming medical care. The child was only “in midst of exploring what a social transition feels like,” Poe said. But DFPS opened an investigation against the child’s family in February. The stress has left the child with “suicidal ideations,” court documents state.
DFPS employees are speaking out about how Abbott’s order circumvented rule-making procedures at the state agency and made it much harder for its employees to help victims of actual abuse.
The Montana Department of Public Health and Human Services (DPHHS) has just adopted a rule change forbidding transgender people from changing the gender listed on their birth certificates.
The rule change is just the latest in an ongoing legal battle between the DPHHS, the state’s Republican-led legislature, and trans Montanans seeking government documents that display their correct gender identities.
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The DPHHS’ new rule says that a person’s sex listed on a birth certificate can now only be changed if it was incorrectly entered by a “data entry error” or if “the sex of the individual was misidentified on the original certificate and the department receives a correction affidavit and supporting documents, … including a copy of the results of chromosomal, molecular, karyotypic, DNA, or genetic testing that identify the sex of the individual.”
The DPHHS implemented this rule five months after a state judge issued a ruling blocking a state law requiring state residents to undergo a non-specified “surgical procedure” before they could change the gender listed on their birth certificates.
Montana’s Republican-led legislature passed this law, S.B. 280, in April 2021. Previous to the law, the DPHHS said that transgender residents could change the gender marker on their birth certificates if they were intersex, had undergone “a gender transition,” or had a certified court order indicating that their gender had been changed.
In July 2021, two transgender state residents sued the state’s Gov. Greg Gianforte (R), DPHHS, and its director, claiming that S.B. 280 had made it virtually impossible for them to change their birth certificates, thus violating their constitutional right to privacy and due process.
“Denying me an accurate birth certificate places me at risk of embarrassment or even violence every time I am required to present my birth certificate because it incorrectly identifies me as male,” said Amelia Marquez, one of the plaintiffs and a trans woman, in a statement.
S.B. 280 also made it impossible for many trans people to get a corrected birth certificate because such surgery is too expensive for many people, not all trans people want or need gender-affirming genital surgery, and many are not good candidates for it for medical reasons.
The state disagreed and said that S.B. 280 was necessary to maintain accurate birth records.
However, in April 2022, state Judge Michael Moses said that the law’s requirement of an unspecified surgical procedure made it impossible for anyone to follow. The judge then issued a temporary injunction against S.B. 280, essentially blocking it from going into effect.
But the state chapter of the ACLU says that Montana government officials have done nothing to comply with the judge’s order. For instance, a gender change form that DPHHS removed from its website after S.B. 280 was passed still hasn’t returned to the website.
“The fact that the state refuses to revert to the previous processes evidences its lack of respect for the judiciary and utter disregard for the transgender Montanans who seek to have a birth certificate that accurately indicates what they know their sex to be,” the ACLU said in their statement. “If the state continues to violate the preliminary injunction, we will have no choice but to seek relief from the court.”
Montana passed several other anti-LGBTQ laws in 2021, including a ban on transgender girls participating in school sports. The state also passed a law requiring schools to give 48-hours notice to parents if they are going to discuss LGBTQ people.
