Montana will no longer let ‘transgenders’ change their birth certificates, says surgery can’t change sex
by Raymond Wolfe, LifeSite News:
HELENA, Montana (LifeSiteNews) – Montana has eliminated the option to change the sex listed on a birth certificate to align with a so-called “gender identity” and has affirmed that no medical procedure “changes a person’s sex.”
In an emergency order issued Monday, the Montana health department declared that it will now only record biological sex, not “gender,” defined as a psychological or cultural “construct,” on birth certificates.
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“Sex is different from gender and is an immutable genetic fact, which is not changeable, even by surgery,” reads the order, signed by health department director Adam Meier, an appointee of Republican Gov. Greg Gianforte.
“Accordingly, this emergency rule does not authorize the amendment of the sex identified/cited on a birth certificate based on gender transition, gender identity, or change of gender,” it continues.
READ: The ‘transgender’ experiment is the biggest child abuse scandal of our lifetimes
The new rule came after a state judge last month blocked a law requiring people who identify as “transgender” to show proof of a “gender transition” to alter the sex on their birth certificates.
The law, signed last year by Gov. Gianforte, replaced a rule issued by Democrat Gov. Steve Bullock’s administration in 2017 that allowed individuals to change their registered sex simply by presenting an affidavit to the health department.
Judge Michael Moses ruled that the 2021 law, known as SB 280, was too vague, as it didn’t clarify what procedures were required for a “gender transition.”
But he did not order a return to the 2017 rule, and the Montana health department said his decision left the state “an ambiguous and uncertain situation.”
‘No surgery changes a person’s sex’
In his ruling, Moses also acknowledged that “no surgery changes a person’s sex,” a fact even recognized by the plaintiffs who sued to overturn SB 280, according to the health department’s emergency order.
“The court’s finding that ‘no surgery changes a person’s sex’ has caused the department to consider the issue,” the order reads, adding that the department agrees with Moses’ finding and defines sex as “a biological concept that is encoded in an individual’s DNA and, thus, is genetic and immutable.”
An alleged “gender identity” is unprovable, and it doesn’t make sense to record it on a birth certificate, the order emphasizes. “The birth certificate generally records only facts that are known (or knowable) at the time of the person’s birth,” it notes. “Sex is one of those facts: A person’s sex can be determined — by observation, examination, or testing — at the time of birth.”