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Charlie StrossonMastodon17h ago
Montana's supreme court rules widely in defense of trans rights, nuking several anti-trans bills: https://www.erininthemorning.com/p/montana-supreme-court-rules-its-constitution
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Analysis Summary
Montana's Supreme Court ruled 5-2 that transgender people are a suspect class under state law and that discrimination against them is inherently sex discrimination, blocking three state policies that had eliminated transgender Montanans' ability to update birth certificates and driver's licenses. Any future Montana law targeting transgender people now faces strict scrutinyβmeaning the state must prove it serves a compelling interest and is narrowly tailored, a standard almost no law survives. The ruling grounds protections in Montana's constitution rather than federal law, which the court emphasized provides stronger safeguards. This is one of the strongest state-level trans rights rulings to date and likely signals other states will see similar constitutional challenges to their own gender recognition policies.
Claims Analysis (3)
βMontana's supreme court rules widely in defense of trans rights, nuking several anti-trans billsβ
Montana Supreme Court issued 5-2 ruling blocking SB 458 and related policies. ACLU and Guardian coverage confirm.
βCourt declared transgender discrimination is sex discrimination and transgender people constitute a suspect classβ
Article quotes Justice McKinnon directly: 'Transgender discrimination is, by its very nature, sex discrimination.' Suspect class status confirmed by court ruling.
βRuling blocks definition-of-sex law and policies stripping legal recognition from transgender peopleβ
Blocks SB 458, 2022 birth certificate rule, and 2024 motor vehicle policy. District court and Supreme Court both affirmed blocking these policies.
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