Judge rules Montana Department of Motor Vehicles discriminated against residents who identify as nonbinary, mandates changes

The Missoula County District Court has determined that Montana's refusal to issue a drivers license to a nonbinary minor breaches the state constitution. Judge Shane Vannatta ruled that state attorneys misinterpreted the law by denying the license based on sex.

The case involved a minor, identified as M.B., whose birth certificate lists their sex as nonbinary. State officials refused to issue a license unless M.B. selected male or female, which the minor declined to do. The judge emphasized that the DMV could have issued the license but chose not to accommodate M.B.s nonbinary status, constituting discrimination based solely on sex.

According to court records, M.B. had fulfilled all other requirements for obtaining a drivers license. Vannatta clarified that the Department of Motor Vehicles, along with the Montana Department of Justice, cannot deny licenses to residents based on their legally recognized sex. The state initially argued that M.B. had not completed the application correctly, as the software only accepted male or female selections.

The case originated as a complaint with the Montana Human Rights Bureau. A hearing officer found in favor of M.B., concluding that the state had engaged in discrimination. However, the Montana Human Rights Commission, appointed by Governor Greg Gianforte, overturned this decision, stating M.B. had not fully completed the application.

Judge Vannatta found that the commission misinterpreted Montana law. Licensing statutes require the legal name, date of birth, and sex, all of which were accurately provided on M.B.s birth certificate. The DOJ does not cite any law requiring applicants to select either male or female to qualify, Vannatta stated. Montana law also specifies who may be denied a license, and nonbinary status is not included.

The court noted that the DMVs software limitations do not determine an applicants eligibility. M.B. completed the form correctly. It was the DMV that refused to accept the nonbinary designation and failed to enter it into the system, the ruling explained.

Vannatta also highlighted constitutional concerns, citing the equal protection clause, which requires that all individuals be treated equally under similar circumstances. By denying M.B. a license while granting it to applicants identifying as male or female, the state engaged in arbitrary and discriminatory action. Montana law explicitly prohibits denying licenses based on sex without reasonable justification, which the court found absent in this case.

The state argued that updating its software to include other options would cost between $30,000 and $40,000, despite having spent $100,000 on the system. The court noted that the software transition presented an opportunity to make the change, which was not taken. Judge Vannatta also ordered the state to cover attorney fees and costs for M.B. and their parents.

The Montana Attorney Generals Office did not comment prior to publication, and it is unclear whether they plan to appeal to the Montana Supreme Court. The American Civil Liberties Union praised the ruling, stating that transgender and nonbinary individuals should not be forced to select inaccurate gender markers while others face no such barriers. The court confirmed that discrimination based on gender identity violates both Montanas constitution and Human Rights Act.

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• Judge rules Montana DMV discriminated against nonbinary residents, orders changes