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The state health department on Wednesday once again opened the pathway for transgender Montanans to correct their birth certificates while litigation over that process continues.

The move follows an intense period of back-and-forth in which a judge ordered the state to use a 2017 rule allowing those who wanted to update the sex marker on their vital records to use a simple form. The state had previously enacted a rule that cut off all avenues to changes except in the case of a data entry error and did not immediately follow the judge’s order to drop that requirement last week.

Republicans in the 2021 Legislature passed new limitations that would have required someone undergo gender-affirming surgery and petition a court to update their documents. But that law is under a preliminary injunction while awaiting a 2023 hearing in district court.

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