愛污传媒

World

    • Montana to allow transgender people to change birth record

    Montana District Judge Michael Moses gestures during a court hearing over a state health department rule that prevents transgender people from changing their birth certificates, Thursday, Sept. 15, 2022, in Billings, Mont. Moses struck down the rule at the conclusion of the hearing. (AP Photos/Matthew Brown) Montana District Judge Michael Moses gestures during a court hearing over a state health department rule that prevents transgender people from changing their birth certificates, Thursday, Sept. 15, 2022, in Billings, Mont. Moses struck down the rule at the conclusion of the hearing. (AP Photos/Matthew Brown)
    Share
    HELENA, Mont. -

    After months of defiance, Montana's health department said Monday it will follow a judge's ruling and temporarily allow transgender people to change the gender on their birth certificates.

    The judge issued a scathing order Monday morning saying health officials made "calculated violations" of his order, which had told them to temporarily stop enforcing a law blocking transgender people from changing their gender on their birth certificates unless they had undergone surgery.

    District Court Judge Michael Moses said Monday he would promptly consider motions for contempt based on continued violations of his April order, which he clarified in a verbal order at a hearing on Thursday. Just hours after that hearing, the Republican-run state said it would defy the order and keep in place a rule that disallowed any changes to birth certificates unless they were due to a clerical error.

    On Monday afternoon, the Department of Public Health and Human Services issued a statement saying it would comply with the order, despite disagreeing with it.

    During Thursday's hearing, attorneys for the state had argued that blocking the law did not prevent the health department from promulgating new administrative rules.

    The state, Moses wrote, engaged "in needless legal gymnastics to attempt to rationalize their actions and their calculated violations of the order." He called the state's interpretation of his earlier order "demonstrably ridiculous."

    "The department stands by its actions and analysis concerning the April 2022 preliminary injunction decision, as set forth in its rulemaking that addressed critical regulatory gaps left by the court," said Jon Ebelt, spokesperson for the health department. The agency is considering its next steps in the litigation, the statement said.

    "It's unfortunate that it has taken two very clear court orders and many months to comply with the law," said Alex Rate, an attorney with the ACLU of Montana. The ACLU represents the plaintiffs, two transgender people who want to change their birth certificates.

    "But from the perspective of transgender Montanans who are seeking to obtain accurate identity documents, today's announcement is certainly progress," Rate said.

    Ebelt did not respond to an email asking when the state might start processing applications. Rate did not know how many people have sought to correct their birth certificate in recent months, but he was aware of people who had contacted the court after the April injunction and up through Monday.

    In April, Moses temporarily blocked a law passed by the Republican-controlled 2021 Legislature that would require transgender residents to undergo a surgical procedure and obtain a court order before being able to change the sex on their birth certificate. He said the law was unconstitutionally vague because it did not specify what kind of surgery would be required.

    Rather than returning to a 2017 rule that allowed transgender residents to file an affidavit with the health department to correct the gender on their birth certificate, the state instead issued a rule saying a person's sex could not be changed, even after having surgery.

    The health department "refused to issue corrections to birth certificates for weeks in violation of the order," Moses wrote. The state did not appeal Moses' ruling either.

    The ACLU of Montana had requested the judicial clarification due to the state's inaction.

    Moses' order on Monday included a copy of the 2017 rules.

    "If defendants requires further clarification, they are welcome to request it from the court rather than engage in activities that constitute unlawful violations of the order," Moses wrote.

    Such open defiance of a judge's order is very unusual from a government agency, said Carl Tobias, a former University of Montana Law School professor now at the University of Richmond. When officials disagree with a ruling, the typical response is to appeal to a higher court, he said.

    "Appeal is what you contemplate -- not that you can nullify a judge's orders. Otherwise, people just wouldn't obey the law," Tobias said Thursday. "The system can't work that way."

    The legal dispute comes as conservative lawmakers in numerous states including Montana have sought to restrict transgender rights, including banning transgender girls from competing in girls school sports. A different Montana judge last week determined a law passed by state lawmakers seeking to ban transgender women from participating on female collegiate sports teams was unconstitutional.

    ------

    Associated Press reporter Matthew Brown in Billings, Montana, contributed to this story.

    CTVNews.ca Top Stories

    The Maritime Sikh Society says the body of a young employee who died at a Walmart in Halifax last weekend was found by her mother.

    Four people are dead and another is in hospital after a Tesla driving through downtown Toronto at a high rate of speed crashed into a guardrail and struck a concrete pillar on Lake Shore Boulevard.

    Montreal police say four teenagers suffered stab wounds after an altercation near John F. Kennedy High School in the city's Villeray鈥擲aint-Michel鈥擯arc-Extension borough on Thursday.

    The Ottawa Police Service has identified the woman who was stabbed to death at Paul Landry Park on Uplands Drive Thursday morning.

    Canada

    • U.S. authorities earlier this year knew the whereabouts of a former Canadian Olympian who is now on the run for allegedly running a transnational drug trafficking ring and orchestrating murders in Ontario, according to Ontario court documents.

    • The Maritime Sikh Society says the body of a young employee who died at a Walmart in Halifax last weekend was found by her mother.

    • Montreal police say four teenagers suffered stab wounds after an altercation near John F. Kennedy High School in the city's Villeray鈥擲aint-Michel鈥擯arc-Extension borough on Thursday.

    • Voting officials say recounts in two ridings that could determine the outcome of British Columbia's election won't start until Sunday afternoon 鈥 and it won't be until Monday before the makeup of the legislature is finalized.

    • The Saskatchewan RCMP is calling off its dangerous persons alert after two people were arrested in the Tobin Lake area Thursday afternoon.

    World

    Politics

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    • A Toronto man who only recently checked a Lotto 6/49 lottery ticket he bought back in June is now $2.5 million richer.

    • A new resident at a Manitoba animal rescue has waddled her way into people's hearts.

    Sports

    Autos

    Local Spotlight

    A new resident at a Manitoba animal rescue has waddled her way into people's hearts.

    Hundreds of people ran to the music of German composer and pianist Beethoven Wednesday night in a unique race in Halifax.

    He is a familiar face to residents of a neighbourhood just west of Roncesvalles Avenue.

    A meteor lit up our region's sky last night 鈥 with a large fireball shooting across the horizon over Lake Erie at around 7:00 p.m.

    Residents of Ottawa's Rideauview neighbourhood say an aggressive wild turkey has become a problem.

    A man who lost his life while trying to rescue people from floodwaters, and a 13-year-old boy who saved his family from a dog attack, are among the Nova Scotians who received a medal for bravery Tuesday.

    A newly minted Winnipegger is hoping a world record attempt will help bring awareness for the need for more pump track facilities in the city.

    A Springfield, Ont. man is being hailed a 'hero' after running into his burning home to save his two infant children.

    Hortense Anglin was the oldest graduate to make her way across the platform at York University's Fall Convocation ceremony this week. At the age of 87, she graduated with an Honours degree in Religious Studies.

    • The Canadian government's plan to reduce the number of immigrants entering the country could impact B.C.'s housing affordability.

    • As the RCMP prepare to strap cameras to the chests of front-line police officers, an expert warns they might not work 鈥 at least, not in the way some had hoped.

    • The search for a man missing since he is believed to have been swept away in the fast-flowing waters of the Coquitlam River on Sunday remains active but is now considered a recovery mission.

    • U.S. authorities earlier this year knew the whereabouts of a former Canadian Olympian who is now on the run for allegedly running a transnational drug trafficking ring and orchestrating murders in Ontario, according to Ontario court documents.

    • Four people are dead and another is in hospital after a Tesla driving through downtown Toronto at a high rate of speed crashed into a guardrail and struck a concrete pillar on Lake Shore Boulevard.

    • It's a dream for many Canadians, trying to save up enough money for a down payment on their very first home. That was also the dream for the Esmeralda family, a family of five with two dogs who currently live in a Scarborough apartment building.

    • A Calgary business owner is frustrated and looking for answers after Google removed his business' profile without warning, resulting in a loss of bookings and damage to his company鈥檚 reputation.

    • A house in southeast Calgary is expected to be very, very busy on Halloween.

    • The Calgary Flames will try to stay hot Thursday night.

    • The Ottawa Police Service has identified the woman who was stabbed to death at Paul Landry Park on Uplands Drive Thursday morning.

    • A new organization that aims to help people struggling with addiction officially launched in Ottawa Thursday, named after the late Matthew Perry.

    • T&T Supermarket's second Ottawa store is officially open. The Asian grocery chain opened its new 38,000 sq. ft. store at the Hazeldean Mall Thursday morning.

    • Montreal police say four teenagers suffered stab wounds after an altercation near John F. Kennedy High School in the city's Villeray鈥擲aint-Michel鈥擯arc-Extension borough on Thursday.

    • October is Breast Cancer Awareness Month and on Thursday the Quebec Breast Cancer Foundation held a brunch in downtown Montreal featuring a special guest: Matthew Knowles.

    • A new tree-planting pilot project in Plateau-Mont-Royal is drawing criticism for eliminating parking spaces in a borough already facing limited parking, as well as for its cost.

    • Some Edmonton public school support staff walked off the job Thursday morning, after the province stepped in on Wednesday to prevent strike action.

    • The City of Edmonton says staying proactive has helped keep its 90,000 elm trees relatively untouched by the devastating Dutch elm disease (DED).

    • The man who cut up the body of his grandson's mother is going to prison after the Alberta Court of Appeal overturned his previous sentence.

    • The Maritime Sikh Society says the body of a young employee who died at a Walmart in Halifax last weekend was found by her mother.

    • WorkSafeNB is investigating after a man was killed in a workplace incident at a tire shop in Moncton, N.B., last week.

    • The Nova Scotia Liberals are accusing former member Fred Tilley of accessing party files one day before he crossed the aisle to join the Progressive Conservatives.

    • The Manitoba man who brutally murdered his partner and two young children stood in court, voice wavering, and apologized for his actions that ended the lives of three people he said he loved very much.

    • A pair of councillors in the RM of Springfield plan on bringing forward a motion to opt out of Plan 20-50 when they are first able to.

    • A Winnipeg teenager has been charged with multiple offences after a stolen car crashed in St. Boniface Thursday morning.

    • After two days of advance polls, more than 119,000 people have already cast a ballot in-person for the 2024 Saskatchewan election.

    • A man is dead and two other people were injured in a two vehicle collision north of Regina on Wednesday evening.

    • Regina police says a reward of up to $50,000 is available for information that leads to the arrest of Daniel 'Juma' Drie Atem, who officers say is responsible for a murder that occurred downtown in the summer of 2023.

    • Erick Buhr, the man on trial for second-degree murder in the death of his grandmother Viola Erb, took the stand Thursday to testify in his own defense.

    • One Ontario couple is taking a different approach to growing their family.

    • A Cambridge girl is set to represent Canada on the world stage at a big competition in Spain this weekend.

    • The Saskatchewan RCMP is calling off its dangerous persons alert after two people were arrested in the Tobin Lake area Thursday afternoon.

    • A former tire recycling company in Saskatoon is announcing additional layoffs months after a dispute with the provincial government.

    • Saskatoon police are investigating a series of suspicious fires that were lit in the Mayfair neighbourhood on Thursday morning.

    • The Maritime Sikh Society says the body of a young employee who died at a Walmart in Halifax last weekend was found by her mother.

    • The Gathering Place board chair Peter Gregory is vowing to fight to keep the doors to the Cassells Street soup kitchen open after the District of Nipissing Social Services Administration Board denied their six-figure funding request.

    • Greater Sudbury Police have released a photo of a person they say escaped by driving their motor vehicle on a sidewalk past pedestrians and then the wrong way down a one-way street.

    • When she took the stand at a London courthouse on Thursday, 21-year-old Kaiah Edmonds testified that she arrived at the bush party off of Pack Road in a vehicle driven by one of the accused - Carlos Guerra Guerra.

    • Hundreds of students got a taste of the numerous jobs available in Ontario鈥檚 agriculture industry earlier this month in Listowel.

    • London police are asking for the public鈥檚 help identifying a suspect involved in a robbery on Sunday.

    • The cost of living is increasing, from groceries to gas, prices are consistently going up, and now there鈥檚 controversy surrounding paying for parking at hospitals.

    • A haunted house in the Ontario Town of Innisfil is causing a real scare for some people a week before Halloween.

    • Emergency crews were called to attend a fire that broke out in a grassy area in Barrie on Thursday morning.

    • A former Lakeshore man is facing a 10-year prison sentence after he was found guilty on drug charges.

    • Speeding along Walker Road is a concern for residents who live, work and drive through the major Windsor artery, but according to one city councillor, implementing traffic calming measures is not a feasible solution.

    • The Chatham-Kent Police Service is investigating an indecent act report it received.

    • As the RCMP prepare to strap cameras to the chests of front-line police officers, an expert warns they might not work 鈥 at least, not in the way some had hoped.

    • Mounties on Vancouver Island are investigating after a set of popular driftwood sculptures was reportedly stolen last week.

    • Voting officials say recounts in two ridings that could determine the outcome of British Columbia's election won't start until Sunday afternoon 鈥 and it won't be until Monday before the makeup of the legislature is finalized.

    • Dave Lindsey began growing giant pumpkins to bring a bit of magic to his grandkids' Halloween.

    • A U.S. District Court judge in Montana has sentenced a 27-year-old man from Kelowna, B.C., to 18 months in prison for using fake names to buy guns with the aim of selling them in Canada.

    • Nearly two years after a man was stabbed to death in downtown Kelowna, RCMP have made an arrest in the case.

    • The Municipality of Crowsnest Pass deserves a better shot at becoming a significant tourism hub than the UCP government is giving it, an NDP shadow minister said as the southeastern Alberta community gears up for a coal mining plebiscite.

    • A three-game road trip across the prairies got off on a sour note Wednesday night as the Medicine Hat Tigers defeated the Calgary Hitmen 4-2.

    • A town in southern Alberta will be one of the first to let golf carts be driven on select roads as part of a provincial pilot program.

    • A critical piece of the Sault鈥檚 homeless outreach strategy is almost ready to hit the road.

    • Police seized drugs, $70,000 and a large gold chain in a drug trafficking bust earlier this month in Thunder Bay.

    • An annual event held in Sault Ste. Marie is back for the 29th year to ensure local kids get the winter clothing they need as the temperature dips.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at 愛污传媒. We may earn a commission when you use our links to shop.聽Read about us.

    Stay Connected
    Follow 愛污传媒