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Debbie Goldsmith 🏳️⚧️♾️🇺🇦onMastodon19h ago
A resounding victory for trans rights in Montana, which also sets an important precedent.
EDIT: In case it wasn't clear, this precedent (that trans people are a suspect class) is only legally binding in Montana. However, I still think it's important that *any* state supreme court has set such a precedent, even if only for the social impact. That's what I meant by “important.”
https://open.substack.com/pub/transitics/p/montana-supreme-court-effectively?utm_campaign=post-expanded-share&utm_medium=web
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Analysis Summary
Montana's Supreme Court ruled 5-2 that blocking transgender people from updating birth certificates and driver's licenses violates the state constitution, and declared trans people a suspect class requiring the highest level of judicial scrutiny—a first in U.S. state history. This means any future Montana laws targeting trans people will face strict scrutiny courts, making them far harder to defend. The ruling doesn't automatically affect other states, but it signals that at least one state court views anti-trans discrimination as sex discrimination under existing constitutional protections.
Claims Analysis (4)
“Montana Supreme Court released its decision in Kalarchik v. State of Montana concerning trans people's birth certificates and driver's licenses in a 5-2 ruling”
Confirmed by Daily Montanan, Metro Weekly, ACLU, Courthouse News, and Them. Multiple independent sources verify the 5-2 decision and case name.
“The court upheld an injunction blocking the state's restrictive gender marker policies, which were quietly implemented between 2022 and 2024”
All major corroborating sources confirm the injunction was upheld. Implementation timeline matches linked article.
“The Montana Supreme Court declared that being transgender constitutes a suspect class under the Equal Protection Clause for the first time in state history”
Linked article explicitly states 'The opinion declares trans people to be a suspect class for the first time in history.' Corroborated by Courthouse News and Them articles.
“This precedent is only legally binding in Montana”
Standard constitutional law principle confirmed in post's own clarification. State supreme court rulings establish precedent only within that state's jurisdiction.
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