MISSOULA — A Missoula district court judge has ruled that Montana's driver's license system discriminates based on gender identity, which violates the Montana Constitution.

A nonbinary resident filed a lawsuit after being denied a license due to Montana's form only allowing "male" or "female" options.

The ruling found that by denying a driver's license, the Motor Vehicle Division treated the applicant differently because of their sex, which is sex discrimination.

A judge determined that it violates the Montana Human Rights Act and the state constitution's Equal Protection Clause.

The decision is expected to be appealed.

"Transgender and nonbinary people should not be forced to choose inaccurate gender markers, while cisgender residents face no such barrier," ACLU of Montana executive

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