Montana Supreme Court upholds preliminary injunction for transgender identification lawsuit

HELENA, Mont. – The Montana Supreme Court upheld a District Court order to halt a State of Montana rule restricting transgender Montanans from amending their birth certificates and driver’s licenses.

The preliminary injunction was held in a split 5-to-2 decision.

The injunction related to a lawsuit against Montana Senate Bill 458, which was passed in 2023, and a 2024 Motor Vehicle Department policy.

The bill and the policy included sections limiting the ability to change or adjust records of biological sex on their birth certificate or drivers license. The original lawsuit, Kalarchik v. State of Montana, was filed in 2024 against the laws, argued that the rules were unconstitutional and that people should be able to amend the sex designation with proper paperwork, while maintaining the original paperwork on record. Previous Montana laws allowed for this.

At the request of the plaintiffs, the District Court had ordered a preliminary injunction against the rule in 2024, saying that the lawsuit against the rule had “standing to challenge,” showed a “likelihood of success on merits,” showed a “likelihood of irreparable harm” and was related to a “balance of the equities and public interest.”

A preliminary injunction prevents a person or organization, in this case the State of Montana, from taking a specific action until the trial reaches a final judgement.

The State of Montana appealed against the preliminary injunction, arguing that lawsuit did not qualify.

On Tuesday, the State of Montana upheld the District Court’s preliminary injunction. McKinnon, who wrote the main opinion of the court, examined arguments for and against the injunction and determined that the preliminary injunction was appropriate.

“The District Court concluded that Plaintiffs succeeded in establishing each of the four preliminary injunction factors and thus preliminarily enjoined the State from enforcing the State Policies as they pertain to amending birth certificates and driver’s licenses. We affirm," she wrote.

Justice Jim Rice, who wrote the main dissenting opinion, putting forward that “gender identity is not conveyed on a birth certificate, only a person’s sex” and concluding that because of this, the preliminary injunction was not valid in any of the categories listed by McKinnon.

The American Civil Liberties Union, which represents the plaintiffs in the lawsuit, released a statement with input from the plaintiffs after the preliminary injunction was upheld.

“I am deeply grateful and encouraged by the Montana Supreme Court’s decision to uphold the injunction,” said Plaintiff Jessica Kalarchik “This victory represents not only a personal milestone, but also a meaningful affirmation of fairness, justice and the rule of law.”