The Montana Department of Public Health and Human Services (DPHHS) this week issued an emergency rule stating that transgender Montanans may not amend the sex designation on their birth certificates, even if they undergo gender-affirming surgery. The emergency rule comes roughly a month after a Montana judge temporarily blocked the state from enforcing a rule requiring transgender Montanans to show proof of gender-affirming surgery in order to amend their birth certificates.According to the department, sex is “unchangeable” and gender is merely a social construct.The Montana Department of Public Health and Human Services on Monday said transgender people in the state may not alter the sex designation on their birth certificate even if they receive gender-affirming surgery.
