The ACLU-MT and A&M Law represent M.B. and M.B.’s parents in challenging a Montana Human Rights Commission (“MHRC”) decision which improperly determined that discrimination based on gender identity was not sex discrimination. This commission decision is directly at odds with the United States Supreme Court’s holding in Bostock v. Clayton County, Ga. as well as the Montana Department of Labor and Industry’s decision in Maloney v. Yellowstone County, et al. which both recognize that discrimination based on gender identity is sex discrimination.
M.B. is a non-binary Montanan, who has a non-binary sex designation on their Montana birth
certificate. M.B., as a minor applicant, was denied a Montana driver’s license when they wrote “N.B.” representing nonbinary on the application form. This challenge appeals the decision of the MHRC to a Montana district court in Missoula where the district court will act as a reviewing appellate court.
