KPAXBy: Zach VolheimApr 15, 2026The Montana Supreme Court just delivered a victory for transgender rights.In a 5-2 ruling, the court upheld a preliminary injunction allowing transgender Montanans to amend birth certificates and driver's licenses to match their gender identity.The case involves a 2023 law, Senate Bill 458, that defines sex as based on biological sex at birth.Two transgender women sued, arguing the law forces them to "out" themselves every time they show identification.One plaintiff described a prolonged traffic stop in which police could not verify her identity because her appearance no longer matched her driver's license issued before the transition.The court ruled this constitutes sex discrimination under the Montana Constitution, applying strict scrutiny.
This is a big win! And it was a 5 - 2 decision! So it wasn't a squeaker but a sold win!!
The Courthouse News Service didn't mince words...
“Transgender discrimination is, by its very nature, sex discrimination,” Montana Supreme Court Justice Laurie McKinnon wrote on behalf of the majority. “Discrimination based on sex is expressly prohibited under Montana’s unique nondiscrimination clause.”
That follows the U.S. Supreme Court ruling so far. The article goes on to report,
“Transgender discrimination is, by its very nature, sex discrimination,” Montana Supreme Court Justice Laurie McKinnon wrote on behalf of the majority. “Discrimination based on sex is expressly prohibited under Montana’s unique nondiscrimination clause.”
To bad Trump's Supreme Court can't get that into their skulls!
“Our Montana Constitution requires the state to treat individuals with dignity even as it exercises its broad police powers,” McKinnon wrote. “This bold constitutional proposition protects all individuals and does so equally.”
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