Transgender People and ID
Marquez v. State of Montana
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.
Status: Ongoing
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All Cases
9 Transgender People and ID Cases
Kansas Supreme Court
Aug 2024
Kansas v. Harper
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.
Status: Ongoing
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Kansas Supreme Court
Transgender People and ID
Kansas v. Harper
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.
Aug 2024
Status: Ongoing
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Alabama
Aug 2024
Corbitt v. Taylor
The American Civil Liberties Union and ACLU of Alabama filed a federal law suit against officials of the Alabama Law Enforcement Agency (ALEA) for depriving transgender people of driver licenses that reflect their gender. The lawsuit states that the Alabama government has violated the privacy, due process, free speech, and equal protection rights of Darcy Corbitt, Destiny Clark, and a third, unnamed plaintiff.
Status: Ongoing
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Alabama
Transgender People and ID
Corbitt v. Taylor
The American Civil Liberties Union and ACLU of Alabama filed a federal law suit against officials of the Alabama Law Enforcement Agency (ALEA) for depriving transgender people of driver licenses that reflect their gender. The lawsuit states that the Alabama government has violated the privacy, due process, free speech, and equal protection rights of Darcy Corbitt, Destiny Clark, and a third, unnamed plaintiff.
Aug 2024
Status: Ongoing
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Montana
Jul 2024
Kalarchik v. Montana
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.
Status: Ongoing
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Montana
Transgender People and ID
Kalarchik v. Montana
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.
Jul 2024
Status: Ongoing
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West Virginia
May 2023
Hersom v. Crouch
Xavier Hersom applied for and was denied a gender marker change on his birth certificate. He said DHHR’s policy has created yet another layer of difficulty for him as a transgender person living in West Virginia. The ACLU, the ACLU of West Virginia, and the Harvard Law School LGBTQ+ Advocacy Clinic filed a federal lawsuit asking a court to declare West Virginia’s birth certificate policies relating to transgender people unconstitutional on behalf of Hersom and an another anonymous plaintiff.
Status: Closed
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West Virginia
Transgender People and ID
Hersom v. Crouch
Xavier Hersom applied for and was denied a gender marker change on his birth certificate. He said DHHR’s policy has created yet another layer of difficulty for him as a transgender person living in West Virginia. The ACLU, the ACLU of West Virginia, and the Harvard Law School LGBTQ+ Advocacy Clinic filed a federal lawsuit asking a court to declare West Virginia’s birth certificate policies relating to transgender people unconstitutional on behalf of Hersom and an another anonymous plaintiff.
May 2023
Status: Closed
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