MISSOULA — A Missoula district court judge has ruled that Montana's driver's license system discriminates based on gender identity, which violates the Montana Constitution.
A nonbinary resident filed a lawsuit after being denied a license due to Montana's form only allowing "male" or "female" options.
The ruling found that by denying a driver's license, the Motor Vehicle Division treated the applicant differently because of their sex, which is sex discrimination.
A judge determined that it violates the Montana Human Rights Act and the state constitution's Equal Protection Clause.
The decision is expected to be appealed.
"Transgender and nonbinary people should not be forced to choose inaccurate gender markers, while cisgender residents face no such barrier," ACLU of Montana executive director Akilah Maya Deernose said in a statement provided to MTN.
Montana Department of Justice and Communications Director Amanda Braynack told MTN in a statement that, "there was no sex discrimination. It's really not surprising that this court sided with the ACLU. We plan to defend common sense on appeal."
Watch previous coverage: ACLU of Montana argues Montana driver's license form discriminates against gender identity
