Montana Is the 15th State to Modernize Its Birth Certificate Gender Change Policy
by Arli Christian
This week, Montana became the latest state to update its birth certificate policy and ensure that transgender people have access to accurate birth certificates.
Individuals born in Montana are no longer required to provide proof of surgical procedure and do not need to obtain a court order to get the gender marker updated on their birth certificate — two significant barriers that still prevent many people in other states from accessing an accurate birth certificate.
The Montana Department of Public Health and Human Services proposed this modernized rule after careful research and consultation with experts in the field. But the proposed rule did not pass without obstacles. During a special session of the state legislature that was supposed to be focused on a budget crisis, a bill was introduced to block this important rule change. Thanks to great advocacy on the ground and in the legislature, that bill was defeated.
Having an accurate and updated birth certificate gender marker is important to transgender people for many practical reasons, in addition to validating their intrinsic dignity. Birth certificates are often requested for purposes related to employment, education, and family law, to verify an individual’s identity, and to verify their citizenship.
In order to avoid discrimination in these situations, transgender people need access to birth certificates that accurately reflect their gender. According to the 2015 U.S. Transgender Survey, nearly one-third (32 percent) of trans people who showed ID that did not match their gender presentation were verbally harassed, denied benefits or services, or assaulted.
NCTE worked closely with the Montana Human Rights Network, the ACLU of Montana, and the Montana Department of Public Health and Human Services on this rule update, and we congratulate all the people who worked hard to make this victory possible.
We will continue to work to modernize gender change policies across the country to ensure everyone has access to an accurate ID.
If you need help updating your name or gender on your ID documents, visit NCTE’s comprehensive ID Documents Center.
Arli Christian is the State Policy Counsel at NCTE.
