HELENA – Earlier today, the Montana Supreme Court upheld a District Court order temporarily preventing the State of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. This means that transgender Montanans will continue to have access to accurate and usable identity documents while the case proceeds.

In December 2024, the District Court granted Plaintiffs’ request to block the State from enforcing its discriminatory policies, finding that the policies likely violate their’ “fundamental right to be free from discrimination on the basis of sex under the Montana Constitution.”

In today’s decision, the Montana Supreme Court agreed with the District Court and recognized that and that “[t]ransgender discrimination is, by its very nature, sex discrimination” and that the policy treated transgender people unequally compared to their cisgender counterparts.

“I am deeply grateful and encouraged by the Montana Supreme Court’s decision to uphold the injunction,” said Plaintiff Jessica Kalarchik “This victory represents not only a personal milestone, but also a meaningful affirmation of fairness, justice and the rule of law.”

“This is a good day not just for transgender individuals but for all Montanans,” said Akilah Deernose, Executive Director of the ACLU of Montana. “Our Constitution exists to protect all of us from government overreach, and we are pleased that the Montana Supreme Court faithfully interpreted our Equal Protection Clause to protect against unlawful discrimination.”

“Today’s ruling is an important victory for transgender people across the state of Montana, and perhaps even a glimmer of relief to transgender people across the country who are enduring a relentless effort to strip away their rights at nearly every level of government,” said Malita Picasso, Staff Attorney for the ACLU’s LGBTQ & HIV Project. “We will not stop fighting for transgender Montanans.”

Following this ruling, the case will now return to the District Court where Plaintiffs will fight to obtain a final decision on the merits. Until that final decision, transgender Montanans can continue to obtain a birth certificate and drivers’ license that accurately reflects their identity.

Today’s order from the Montana Supreme Court can be found here.

Click here for more about Kalarchik v. State of Montana