MISSOULA — A Missoula District Court ruled earlier this week that gender based discrimination is sex based discrimination in the case Berndt v. Montana Department of Justice, a case revolving around the sex markers on a Montana driver's license.
The ruling concluded that because gender based discrimination is sex based discrimination, the state violated the Montana Constitution and several state statutes.
The ACLU of Montana argued on behalf of the plaintiff, “M.B.”, a nonbinary resident, in the case, which Missoula District Court Judge Shane Vanetta oversaw. The plaintiff was seeking an “x” marker for the sex identifier on their license, although the only options given were male and female.
The ACLU argued that if the plaintiff had selected male or female, they would be lying about their identity and be subject to punishment under the law.
The Montana Human Rights Commission, comprised of political appointees, had previously ruled that gender based discrimination is not protected by the Montana Human Rights Act (MHRA).
The ruling concluded that the commission erred, however, as the court centered its ruling around the MHRA and the state constitution’s Equal Protection Clause, focusing on the fact that a cisgender person can obtain a license without issue, but a nonbinary person cannot. In its ruling, the court decided that the decision by the Montana Human Rights Commission must be reversed.
The ruling orders that MVD must issue M.B. a license with a nonbinary sex designation and that the Montana Department of Justice is prohibited from denying driver’s licenses to applicants who indicate their legal sex on a driver’s license application.
In a press release, Akilah Deernose, executive director of the ACLU of Montana, said, “Transgender and nonbinary people should not be forced to choose inaccurate gender markers, while cisgender residents face no such barrier.”
In a statement to MTN, Amanda Braynack, communications director for Attorney General Austin Knudsen, said, “There was no sex discrimination. It’s really not surprising that this court sided with the ACLU. We plan to defend common sense on appeal.”
Watch previous coverage: ACLU of Montana argues Montana driver's license form discriminates against gender identity
