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On transgender birth certificates Montana defies order

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An agency spokesperson said the department is waiting to see the judge’s written order before considering its next steps and Brereton last week said that the agency was keeping the rule it issued in place. With the agency’s stance, ACLU attorney Malita Picasso expressed dismay and said officials should immediately start processing requests for birth certificate changes.  “There was a lack of clarity in the court’s ruling from the bench. After this morning’s hearing it’s shocking that the department would allege”, Picasso said.  “To the 2017 policy anything short of that is a continued flagrant violation of the court’s order” and “it was very clear that Judge Moses expressly required a reversion”.  Carl Tobias, a former University of Montana Law School professor now at the University of Richmond said Such open defiance of the judge’s order is very unusual from a government agency.  He said the typical response is to appeal to a higher court when officials disagree wit...