Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.

After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.

Five transgender Kansans are challenging an effort by Kansas Attorney General Kobach to require the state to issue driver’s licenses with a gender marker that reveals their sex assigned at birth. The Attorney General is asking a state court to apply a new state law that defines “sex” to functionally erase the existence of transgender people under the law.

The American Civil Liberties Union, Lambda Legal, the ACLU of Texas, and Baker Botts filed a lawsuit in Texas State Court on behalf of PFLAG National and three Texas families. This is the second of two lawsuits challenging unlawful attempts to ban essential health care for transgender youth by Texas state leaders.

Following a request from the Office of the Attorney General of Texas for records and documents related to its advocacy on behalf of families with transgender youth, PFLAG National sued to block the request in February 2024. Represented by the American Civil Liberties Union and other LGBTQ legal organizations, PFLAG is also a plaintiff in two lawsuits in Texas relating to gender-affirming care for minors.