Fact Check: Montana's Governor Defied a Court Order on Gender Marker Updates in 2022
What We Know
In 2022, the Montana Department of Public Health and Human Services (DPHHS) implemented an administrative rule regarding the updating of gender markers on birth certificates. This rule stated that changes to a person's sex marker could only occur if there was a scrivener's error or data entry mistake on the original certificate, or if the sex was misidentified at birth (DPHHS).
Governor Greg Gianforte's administration has been criticized for its handling of this issue, with claims that the governor defied a court order related to the processing of these requests. However, as of February 2024, DPHHS announced that it would begin processing applications to change sex markers on birth certificates in accordance with both the 2022 administrative rule and a new law enacted in 2023 (DPHHS).
Analysis
The claim that Governor Gianforte defied a court order hinges on the interpretation of the administrative rule and the subsequent actions of the DPHHS. The 2022 rule was controversial and faced legal challenges, but the specifics of any court order that may have been issued are not detailed in the available sources.
The DPHHS's announcement in February 2024 indicates a shift in policy, suggesting that the agency is now prepared to process gender marker change requests, which may imply that previous actions were in conflict with legal expectations (DPHHS).
However, the sources do not provide clear evidence of a specific court order that was defied by the governor. The lack of detailed legal context makes it difficult to ascertain the validity of the claim. Additionally, the credibility of the DPHHS as a source is relatively high, as it is a government agency responsible for public health and welfare in Montana. However, the political context surrounding the governor's administration may introduce bias in how the situation is reported and interpreted.
Conclusion
The claim that Montana's governor defied a court order regarding gender marker updates in 2022 remains Unverified. While there are indications of administrative actions that may not align with legal expectations, the absence of specific details about a court order and the evolving nature of the DPHHS's policy complicate the assertion. Without further evidence, it is prudent to categorize this claim as unverified.
