Steve Montenegro Steps In to Defend Arizona Birth Certificate Law

House Speaker Steve Montenegro is taking matters into his own hands after Attorney General Kris Mayes did not provide an answer as to whether she'll appeal a court ruling that struck down part of Arizona's birth certificate law. 

"If the Attorney General won't defend Arizona's laws, we will," Montenegro declared as House Republicans filed a motion in federal court to intervene in the case.

The controversy centers on a recent ruling by U.S. District Judge James Soto, who blocked Arizona's requirement that people undergo a "sex change operation" before changing the sex marker on their birth certificate. 

The judge's order gives the Arizona Department of Health Services 120 days to update its rules and allows changes based simply on a doctor's statement confirming a "sex change."

Montenegro argues the ruling goes too far. "The ruling now opens the door for anyone to change the sex marker on a birth certificate with just a doctor's note, erasing decades of statute and undermining the integrity of vital records," he said.

GOP Wants to Pause Order

House Republicans, along with Senate President Warren Petersen, are asking the court to pause the judge's order while they appeal to the Ninth Circuit Court of Appeals. 

According to their filing, they've repeatedly asked Mayes' office since October 1 whether the state would appeal, but haven't received an answer.

The dispute reflects a larger political divide in Arizona. During the recent legislative session, the Republican-controlled Legislature passed a bill that would have blocked any changes to sex markers on birth certificates. However, Democratic Governor Katie Hobbs vetoed it.

Montenegro emphasized that when a federal court "rewrites a statute, the Legislature has a duty to defend it," signaling that Republican lawmakers intend to continue these legal fights over state documentation standards.