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Missoula Judge Rules Montana Must Issue Correct Licenses to Nonbinary Drivers

Judge Vannatta ruled the state discriminated against a nonbinary minor by denying a license, ordering changes and awarding attorney fees due to violation of Montana law and constitution.

  • On Thursday, Missoula County District Court Judge Shane Vannatta ruled that the Montana Department of Justice must issue a driver's license to an applicant who wrote a nonbinary sex marker to match their birth certificate.
  • The dispute began at the Montana Human Rights Bureau after M.B. handwrote 'NB' on a paper license application, but the Motor Vehicle Division declined to process it, citing a database limited to male or female despite the bidding process offering other options.
  • Citing the state's Human Rights Act and equal protection clause, Shane Vannatta, Missoula County District Court Judge, ruled denying a license to M.B. violates Montana's equal protection clause and awarded attorney's fees.
  • The court barred the Motor Vehicle Division from denying licenses to applicants who indicate their legal sex, while the Montana Department of Justice criticized the ruling and said it planned to appeal on Friday.
  • The court ruled that software change costs, estimated at $30,000 to $50,000, do not justify denying licenses to nonbinary residents, amid pending Montana cases on sex designations.
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KULR-TV broke the news in Billings, United States on Thursday, December 4, 2025.
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