MISSOULA, MT — In a victory for equality, today a Montana District Court ruled that discrimination based on gender identity violates the Montana Constitution and state statutes prohibiting discrimination on the basis of sex.
The Montana Human Rights Act (“MHRA”) – which provides statutory protections that flow from the Constitution’s Equal Protection Clause – prohibits discrimination on the basis of sex. In Berndt v. Montana Department of Justice, et al., Plaintiff M.B. argued that the State’s refusal to provide a Montana driver’s license with an “x” sex designation violated the MHRA. The Court ruled that under the Equal Protection clause of the constitution and the MHRA, when a cisgender person can obtain a license without issue, but a nonbinary person cannot, unlawful sex discrimination has occurred.
The lawsuit was filed on behalf of “M.B.,” a nonbinary resident who was denied a driver’s license because Montana’s application form allows only “male” or “female” designations. The Montana Human Rights Commission – a body comprised of political appointees – ruled that discrimination on the basis of gender identity is not prohibited by the MHRA. This lawsuit sought reversal of that erroneous conclusion.
“Transgender and nonbinary people should not be forced to choose inaccurate gender markers, while cisgender residents face no such barrier,” said ACLU of Montana Executive Director Akilah Deernose. “Today the Court agreed that the practice of gender identity discrimination violates our constitution and our state Human Rights Act by unlawfully singling out transgender and nonbinary Montanans for unequal treatment. This is a tremendous victory for all Montanans who seek to go about their lives without fear of discrimination.”
The decision builds on years of litigation over Montana’s discriminatory licensing practices and reaffirms that transgender and nonbinary Montanans are entitled to the same dignity, respect, and legal protections as everyone else.
“For years, the State has been denying M.B. a driver's license solely on the basis of sex. This ruling makes it clear that no one should have to lie about who they are to access essential documents,” said co-counsel Misty Gaubatz. “Equality under the law means exactly that—equal for everyone.”
“The Court’s decision today confirms what the Montana Constitution has long required: that state agencies cannot impose unequal burdens on transgender and nonbinary Montanans,” said co-counsel Marthe VanSickle. “Ensuring accurate identification is not a privilege — it is a legal right that supports safety, autonomy, and equal participation in public life.”
The ACLU of Montana collaborated on this case with Misty Gaubatz at A&M Law and Marthe VanSickle at Lone Peak Law Group. To learn more about this case, please visit the case page for Berndt v. Montana Department of Justice, et al.
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