ACLU Threatens to Sue the Pants off the DPHHS Unless They Give Transexuals their Papers


    Several weeks ago we wrote how district judge Michael Moses of Billings blocked enforcement of a state law that insists transgendered folk undergo the knife and get their sexual organs either cut off or turned into fake ones before they can change the sex on their birth certificate.

    Moses, who seems to land on the wrong side of every court case when he’s not sticking his hands in the legal cookie jar to see what cases he can crush and crumble, didn’t like the law and ordered a pause while it can be determined whether it is ‘constitutional’ or not. In the meantime, he ordered the Montana state health department to revert things to how they were before this law passed- but that’s easier said than done.

    Transexuals want the forms needed to change the information on their birth certificates, but they’re not getting them. Previously, the DPHHS had a ‘gender designation form’ on their website that could be accessed by anyone wanting to make the switch, whether they had any sort of surgery or not. That link has been rendered inaccessible, however, making it impossible to fulfill the judge’s decree of bringing things back to their former procedures.

    This has led the Montana ACLU (which used to protect free speech and now seeks to actively squelch it) to become apoplectic, threatening the state health department with a major lawsuit f they don’t comply with the order to restore things to how they previously were. In a press release by Gujari Singh, he warns

    “We have continued to be patient in allowing the State time to comply with the court ordered preliminary injunction. However, close to one month has passed and the State’s willful indifference to the court order is inexcusable….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. If the State continues to violate the preliminary injunction, we will have no choice but to seek relief from the Court.” 

    Despite the threats, there has been no movement from the state health department, other than spokesman Jon Ebelt saying that the old certificates would not be issued until they thoroughly review the injunction.


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