Montana ACLU sues state over sex definition law
Nonbinary plaintiff in the sex definition lawsuit Dandilion Cloverdale’s current federal passport lists “X” as the gender marker, aligning with their gender identity, and they also have a California birth certificate identifying them as nonbinary, according to the filing.
The lawsuit alleges the state refused to recognize Two-Spirit Cloverdale’s nonbinary gender when they tried to get a Montana State Identification card, distributed through the Montana Motor Vehicle Department, under the state Department of Justice’s purview, in October.
“The State told Dandilion they needed to pick male or female before the State would issue them a Montana state I.D., and Dandilion was forced to choose between committing fraud or not obtaining an I.D.,” the filing read. “As someone who repeatedly has been misgendered in public spaces, Dandilion is scared to think about being forced to misidentify themselves by providing a false identity.”
Nonbinary plaintiff Jamie Doe also worries about the inconsistencies between their federal “X” gender marker and their state identification. Doe works as a public health professional and worries the law requires them to misidentify themselves to receive care from the state, like admission to a hospital or purchase of insurance.
“They are afraid that they are currently forced by the state of Montana to have incongruent information on their state identification because the federal documentation recognizes their gender and the state of Montana refuses to do the same,” the filing reads.
Intersex plaintiff Jane Doe identifies as female, but worries as she does not meet the definition for either gender in law.
“She feels violated by the legislature’s attempt to intervene in her personal life in an area where they have an incorrect, unscientific understanding of gender and sex,” she said.
Other plaintiffs include menopausal woman Linda Troyer, who does not now have eggs, meaning she is excluded from the definition of female in SB 458, as well as transgender activist Shawn Reagor.
“SB 458 is ridiculous. I live my life as the man that I am, and that’s how people see me when I’m out in the world, but SB 458 attempts to erase that simple truth,” said Reagor in an ACLU of Montana release. “As a man who happens to be transgender, SB 458 could force me into women’s restrooms and locker rooms, the very thing this type of legislation claims to want to protect against.”