MISSOULA — A Missoula District Court ruled earlier this week that gender based discrimination is sex based discrimination in the case Berndt v. Montana Department of Justice, a case revolving around the sex markers on a Montana driver's license.

The ruling concluded that because gender based discrimination is sex based discrimination, the state violated the Montana Constitution and several state statutes.

The ACLU of Montana argued on behalf of the plaintiff, “M.B.”, a nonbinary resident, in the case, which Missoula District Court Judge Shane Vanetta oversaw. The plaintiff was seeking an “x” marker for the sex identifier on their license, although the only options given were male and female.

The ACLU argued that if the plaintiff had selected male or female, they would be lying about t

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