Law Commons^™

Removal Of The Impediment: The State Of Transgender Marriage In Montana, Wesley Parks

Montana Law Review

As of the date of this article, no Montana court has explicitly addressed transgender marriage. Of the numerous state courts outside Montana that have addressed transgender marriage, traditional, objective definitions of sex were used that fail to protect the privacy of transgender people and fail to apply laws equally throughout the entire transgender community. This article surveys in depth those out-of-state cases to illustrate the inconsistent reasoning courts have applied when addressing transgender marriage. Then, this article examines contemporary Montana cases regarding gay and lesbian privacy and equal protection. Synthesizing these sources, this article suggests that Montana pioneer transgender marriage …