Southwest Montana News

Department of Public Health and Human Services (DPHHS) officials have announced a new directive regarding the processing of applications to change sex markers on Montana birth certificates. This decision, effective immediately, aligns with a 2022 administrative rule and a subsequent 2023 law.

“DPHHS must follow the law, and our agency will consequently process requests to amend sex markers on birth certificates under our 2022 final rule,” stated DPHHS Director Charlie Brereton. He emphasized that this announcement is intended to inform the public about current regulations and expectations from the department.

The 2022 rule specifies that corrections to the sex listed on a birth certificate can only occur if there was an error in listing or data entry, or if there was misidentification at the time of issuance. Any corrections require submission of a correction affidavit along with supporting documents as per legal standards.

Requests for changes received by or pending with the DPHHS Office of Vital Records since October 1, 2023, will be evaluated according to this rule. This date corresponds with Senate Bill (SB) 458 becoming effective after its passage during the 2023 Legislative Session.

Though DPHHS independently adopted the 2022 rule based on statutory authority, its implementation coincides with SB 458 requirements. The recent end of a preliminary injunction in Marquez v. State of Montana has necessitated this alignment.

SB 458 establishes definitions within Montana law indicating that sex is determined by biological and genetic factors rather than psychological or social experiences of gender.