Montana
Montana judge blocks rule that prevented transgender people from changing sex on docs
HELENA, Mont. — A state judge in Montana has temporarily blocked policies that prevented transgender people from changing the sex designation on their birth certificates and driver’s licenses.
District Judge Mike Menahan issued his order Monday, blocking the rule while the case moves through the courts.
Menahan said it was not necessary at this point in the litigation to determine whether transgender Montanans constitute a special class on the basis of their transgender status, but he disagreed with the state’s argument that discrimination on the basis of transgender status is not discrimination on the basis of sex.
“If the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate on the basis of sex,” he wrote.
The case was filed in April by two transgender women on behalf of themselves and others who have been unable to obtain documents “that accurately reflect their sex,” the complaint said.
One rule in the state blocks transgender people born in Montana from changing the sex designation on their birth certificate. Another policy prevents transgender residents from changing the sex on their driver’s licenses without an amended birth certificate — which they can’t obtain if they were born in Montana.
Plaintiff Jessica Kalarchik, who was born in Montana, said in a statement Tuesday that she was frustrated that while “being able to live my life openly as the woman I know myself to be,” Montana “wants me to carry around a birth certificate that incorrectly lists my sex as male.”
Birth certificates and driver’s licenses are needed to apply for a marriage license, a passport, to vote or even to buy a hunting license, Alex Rate, legal counsel for the American Civil Liberties Union of Montana, argued last month. Each time a transgender person is required to produce a document that does not accurately reflect their sex, they are forced to “out” themselves as transgender.
The state had argued that sex is binary, either male or female, and that being transgender is not a protected class of people who could have their constitutional rights to privacy violated.
“The right to privacy does not include a right to replace an objective fact of biological sex on a government document,” Assistant Attorney General Alwyn Lansing argued for the state.
The state attorney general’s office, which oversees the motor vehicle division, and state health department, which issues birth certificates, did not immediately respond to emails seeking comment.
The hearing was the latest volley in a series of laws, rules and legal challenges over efforts by Republicans in Montana and many other states to limit the rights of transgender residents. The state has used various justifications in banning changes to identifying documents, including needing accurate statistical records or saying someone’s biological sex cannot be changed even though someone’s gender identity can.
“The state cannot articulate any legitimate interest in restricting access to accurate identity documents, much less a compelling one,” Rate said during the hearing.
In late 2017, under Democratic Gov. Steve Bullock, the state health department implemented a rule allowing people to change the sex on their birth certificate by signing an affidavit.
In 2021, Montana’s Republican-controlled Legislature and Republican Gov. Greg Gianforte implemented a law saying transgender people could not change the sex on their birth certificate without having undergone surgery. That law was declared unconstitutionally vague because it did not specify what surgery was required. The state was ordered to return to the 2017 rule.
However, in response, the health department — now under Republican leadership — passed a rule saying nobody can change the sex on their birth certificate unless it was to fix a clerical error.
Montana’s Legislature in 2023 passed a law defining the word “sex” in state law as being only male or female and based upon a person’s sex assigned at birth. That law defining “sex” was overturned as unconstitutional because its title did not accurately explain its purpose, but the ACLU argues the state is still using it to set policy with regard to driver’s licenses.
The ACLU asked Judge Menahan to temporarily block the rule and policy and order the state to restore the 2017 rule that allowed transgender people to change the sex designation on their birth certificate by filing an affidavit.
Menahan’s order blocked the 2022 health department rule on birth certificates and the motor vehicle division policy that prevented people from changing the sex on their driver’s license without an amended birth certificate. He also blocked the bill that defined sex as only male or female as it applied to birth certificates and driver’s licenses.
Montana is one of seven states that did not allow people to change the sex on their birth certificate. Twenty-five states do allow it, including 15 that offer an option to list male, female or X. A dozen states allow birth certificate changes following gender-affirming surgical procedures, according to the Movement Advancement Project, an advocacy and information organization.
Thirty states allow people to change their sex on their driver’s license. Montana is among 16 states with what the Movement Advancement Project calls a “burdensome process.” Four states do not allow a person to change their sex on their driver’s license.
Montana
Strong wind in the forecast statewide
Nick Vertz suspected calm weather wouldn’t soon return after last week’s high-speed wind event that recorded 101-mph winds in Glacier County. The Billings-based National Weather Service forecaster said Montanans should expect exceptionally strong gusts Tuesday night and Wednesday.
“I joke that the weather’s just playing catch up with how mild of a fall and start to the winter we had,” Vertz told Montana Free Press on Tuesday.
Nearly the entire state is under an official high-wind warning, meaning the weather service expects wind speeds of 58 mph or greater. While the official warning status may vary by region, the weather service anticipates the strong winds will move west to east through late Wednesday evening.
Winds aloft, higher altitude gusts that generally exceed wind speeds on the surface, are both unusually powerful and relatively low in altitude. Vertz says high-speed winds aloft blowing downward is the result of warm weather.
“You can think of it as pushing those strong winds aloft down to reach the surface,” Vertz said.
Though much of Montana experienced a similar strong-wind pattern last week, Vertz said this system is a statewide event and that the weather service has “more confidence in those stronger winds to occur just all across the board.”
With gusts coming out of the northwest, Vertz advised caution for drivers headed north or south, who would likely experience the “full brunt of those crosswinds.”
Montana’s most recent experience with a major wind event on a similar scale occurred in January 2021, according to Vertz.
Ongoing flooding in northwest Montana makes the area particularly vulnerable to high-wind hazards, like saturated soil around tree roots, according to Bryan Conlan, a weather service meteorologist based out of Missoula.
“Anywhere within western Montana at this point, with these strong to damaging winds, trees could blow over,” Conlan said.
Gov. Greg Gianforte on Wednesday requested President Donald Trump issue a presidential disaster declaration in response to the flooding in the northwest part of the state.
As even more ocean moisture makes its way from the Pacific Northwest into Montana via “atmospheric rivers,” precipitation is likely to continue in western Montana.
“One of the differences between this and the prior system is there will be a very strong cold front that’ll be coming along,” Conlan said.
A cold front on Wednesday will mix with moisture from the atmospheric river, producing a combination of rain and snow. Cold air also leads to winds aloft descending, resulting in strong wind across high elevations in western Montana. On Monday night, winds in Glacier National Park reached almost 100 mph.
“This is going to be a fairly strong event,” Conlan said.
Nora Mabie contributed to this reporting.
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Montana
Montana Morning Headlines: Tuesday, December 16, 2025
WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Tuesday.
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Montana
Montana-Montana State’s FCS semifinal get-in ticket prices surpass College Football Playoff games
Montana-Montana State, known as the Brawl of the Wild, is one of the best rivalries in FCS. This year, more than bragging rights are on the line, as the matchup will take place in the FCS semifinals.
The high stakes and relatively smaller seating capacity have made this game the most expensive entry-level ticket in college football this weekend, including the first round of the College Football Playoff.
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The cheapest ticket for the game at Bobcat Stadium in Bozeman, Montana, is $675 on Gametime Tickets compared to about $350 for the Miami at Texas A&M game, which is the most expensive of the four first-round College Football Playoff matchups. The most expensive ticket for the FCS semifinal is a sideline seat priced at $1,152. The Miami-Texas A&M game has Founder Club tickets listed at $2,484.
The seating capacity for Bobcat Stadium is 20,767, compared to more than 102,000 at Texas A&M’s Kyle Field. The other three CFP games this weekend will be hosted by Oklahoma (capacity 80,126), Ole Miss (64,038) and Oregon (60,000).
Next year’s Montana-Montana State matchup starts at $876, with some tickets listed as high as $1,359.
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Montana State is the No. 2 seed in the playoffs at 12-2 after defeating Stephen F. Austin 44-28 in the quarterfinals this past weekend. Third-seeded Montana is 13-1 and beat South Dakota 52-22 in its quarterfinal. Montana leads the all-time rivalry 74-44-5.
Montana State has won the last two matchups between the teams, most recently winning 31-28 at Montana on Nov. 22. At least one of the teams has appeared in the FCS championship game in three of the past four years. Montana’s last national championship came in 2001, while Montana State’s came in 1984.
Montana is led by head coach Bobby Hauck, who is the second-winningest active FCS head coach and one of the top 10 winningest active coaches overall in Division I football at 151-42. Montana’s key players are quarterback Keali’i Ah Yat, running back Eli Gillman and wide receiver Michael Wortham.
Montana State is led by head coach Brent Vigen. Key players for Montana State include quarterback Justin Lamson, running back Julius Davis and wide receiver Taco Dowler.
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