Helena, MT – The Montana Supreme Court issued an order today on the State’s Petition for Supervisory Control in the Marquez v. State of Montana case. The Supreme Court’s order confirms that the preliminary injunction granted by the Yellowstone County District Court on April 21, 2022, which remains in effect, restored the 2017 Rule that was in place prior to the state’s passage of SB 280. The 2017 Rule allows transgender individuals to amend their birth certificates without requiring a court order stating they have received some undefined surgical treatment. The Montana Supreme Court also held that the new 2022 rules promulgated by the Montana Department of Health and Human Services need to be challenged separately, which the Plaintiffs have already filed a motion in the case to do.
The lawsuit was brought by the American Civil Liberties Union Foundation, the ACLU of Montana Foundation, and Nixon Peabody LLP.