Two transgender people filed a lawsuit against the state of Montana and other state agencies Thursday over the state’s refusal to alter their birth certificates to match their stated gender identify, The Hill reported.

The court filing cites Jessica Kalarchik and Jane Doe as co-plaintiffs in the suit that challenges a 2022 policy prohibiting individuals from amending birth certificates and other records of birth.

“Sex is different from gender and is an immutable fact, which is not changeable, even by surgery,” read the ruling which overruled a 2021 law permitting changes in one’s birth certificate in cases where the individual has had surgery.

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