Media Contact

Gillian Branstetter, ACLU,

January 25, 2023

Helena, MT – The American Civil Liberties Union Foundation, the ACLU of Montana Foundation, and Nixon Peabody LLP have released the following statement after filing a civil contempt motion on behalf of Plaintiffs in Marquez v. State of Montana

"The Yellowstone County District Court has twice ordered the State to abide by the 2017 procedures for processing sex marker amendments by transgender Montanans on their birth certificates, which allow individuals to self-attest to the sex that should be listed there. Now, even after the  Montana Supreme Court confirmed the State’s obligation to revert to the 2017 Rule, the State refuses to comply.

The State now flouts three judicial orders: two from the District Court and one from the highest court in Montana. The State's actions betray its lack of respect for the judiciary and utter disregard and disrespect for the transgender Montanans seeking to have a birth certificate that accurately indicates what they know their sex to be. The motion filed today is simply asking the Department of Public Health and Human Services to do what they've repeatedly been ordered to do."