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The ban violates the rights to privacy and free speech guaranteed by the Montana Constitution, and it amounts to discrimination based on viewpoint, Judge Jason Marks wrote.
It “is unlikely to survive any level of constitutional review,” a state court judge wrote.
Senate Bill 458 would define gender according to a person's reproductive capacities.
Those who sued to challenge the ban are likely to succeed in proving it violates their privacy rights, the court ruled.
Montana legislators tabled a resolution against marriage equality with the help of Republicans.
"This law represents government overreach on steroids," says Lambda Legal Senior Counsel Peter Renn.
The Montana governor supports workplace protections and marriage equality, but he once defended the state's right to deny spousal benefits for gay couples.
House committees have advanced bills that would limit trans kids' participation in school sports and restrict their access to medical care.
Montana state Sen. Theresa Manzella said such attacks are "normal consequences" of the "choices" made by LGBTQ+ people -- such as holding hands with partners in public.
Constitutional amendments to protect abortion will be brought to vote in November in 10 states.
Several states have won the freedom to marry in just the last few days. That means plenty to celebrate for same-sex couples and their allies -- and plenty to lament for those who oppose equality.
A state district court granted a preliminary injunction blocking prohibitions on changes on the gender markers on driver's licenses and birth certificates.
The new rule mirrors an old rule which was defeated in court.
