Montana
Montana judge blocks rule that prevented transgender people from changing sex on docs
HELENA, Mont. — A state judge in Montana has temporarily blocked policies that prevented transgender people from changing the sex designation on their birth certificates and driver’s licenses.
District Judge Mike Menahan issued his order Monday, blocking the rule while the case moves through the courts.
Menahan said it was not necessary at this point in the litigation to determine whether transgender Montanans constitute a special class on the basis of their transgender status, but he disagreed with the state’s argument that discrimination on the basis of transgender status is not discrimination on the basis of sex.
“If the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate on the basis of sex,” he wrote.
The case was filed in April by two transgender women on behalf of themselves and others who have been unable to obtain documents “that accurately reflect their sex,” the complaint said.
One rule in the state blocks transgender people born in Montana from changing the sex designation on their birth certificate. Another policy prevents transgender residents from changing the sex on their driver’s licenses without an amended birth certificate — which they can’t obtain if they were born in Montana.
Plaintiff Jessica Kalarchik, who was born in Montana, said in a statement Tuesday that she was frustrated that while “being able to live my life openly as the woman I know myself to be,” Montana “wants me to carry around a birth certificate that incorrectly lists my sex as male.”
Birth certificates and driver’s licenses are needed to apply for a marriage license, a passport, to vote or even to buy a hunting license, Alex Rate, legal counsel for the American Civil Liberties Union of Montana, argued last month. Each time a transgender person is required to produce a document that does not accurately reflect their sex, they are forced to “out” themselves as transgender.
The state had argued that sex is binary, either male or female, and that being transgender is not a protected class of people who could have their constitutional rights to privacy violated.
“The right to privacy does not include a right to replace an objective fact of biological sex on a government document,” Assistant Attorney General Alwyn Lansing argued for the state.
The state attorney general’s office, which oversees the motor vehicle division, and state health department, which issues birth certificates, did not immediately respond to emails seeking comment.
The hearing was the latest volley in a series of laws, rules and legal challenges over efforts by Republicans in Montana and many other states to limit the rights of transgender residents. The state has used various justifications in banning changes to identifying documents, including needing accurate statistical records or saying someone’s biological sex cannot be changed even though someone’s gender identity can.
“The state cannot articulate any legitimate interest in restricting access to accurate identity documents, much less a compelling one,” Rate said during the hearing.
In late 2017, under Democratic Gov. Steve Bullock, the state health department implemented a rule allowing people to change the sex on their birth certificate by signing an affidavit.
In 2021, Montana’s Republican-controlled Legislature and Republican Gov. Greg Gianforte implemented a law saying transgender people could not change the sex on their birth certificate without having undergone surgery. That law was declared unconstitutionally vague because it did not specify what surgery was required. The state was ordered to return to the 2017 rule.
However, in response, the health department — now under Republican leadership — passed a rule saying nobody can change the sex on their birth certificate unless it was to fix a clerical error.
Montana’s Legislature in 2023 passed a law defining the word “sex” in state law as being only male or female and based upon a person’s sex assigned at birth. That law defining “sex” was overturned as unconstitutional because its title did not accurately explain its purpose, but the ACLU argues the state is still using it to set policy with regard to driver’s licenses.
The ACLU asked Judge Menahan to temporarily block the rule and policy and order the state to restore the 2017 rule that allowed transgender people to change the sex designation on their birth certificate by filing an affidavit.
Menahan’s order blocked the 2022 health department rule on birth certificates and the motor vehicle division policy that prevented people from changing the sex on their driver’s license without an amended birth certificate. He also blocked the bill that defined sex as only male or female as it applied to birth certificates and driver’s licenses.
Montana is one of seven states that did not allow people to change the sex on their birth certificate. Twenty-five states do allow it, including 15 that offer an option to list male, female or X. A dozen states allow birth certificate changes following gender-affirming surgical procedures, according to the Movement Advancement Project, an advocacy and information organization.
Thirty states allow people to change their sex on their driver’s license. Montana is among 16 states with what the Movement Advancement Project calls a “burdensome process.” Four states do not allow a person to change their sex on their driver’s license.
BOZEMAN — Aaron Flint and Al Olszewski, Republican candidates for Montana’s Western District U.S. House race, squared off Tuesday in their party’s only scheduled debate before the party primary.
The two debated for about 90 minutes at Bozeman’s Calvary Chapel before an audience of about 120 people. Bozeman anchors Gallatin County, which is second in Republican votes only to Flathead County within the 18-county district.
Natural resource jobs, affordable housing and U.S. military attacks on Iran dominated the discussion. Each question drew 12 minutes of response. Both men called for an end to stock trading by members of Congress, and for federal budgets to be passed on time through regular procedures.
The Montana GOP sponsored the debate. Candidate Christi Jacobsen, Montana’s secretary of state, was unable to attend, according to state Republican Party Chair Art Wittich. State Senate President Matt Regier moderated.
Among the highlights: Flint mentioned no fewer than eight times that he is endorsed by President Donald Trump. Olszewski mentioned Trump by name only a couple of times.
Never too far from Flint’s talking points were “far-left socialists,” whom he credited for “gerrymandering” the Western House District (which has delivered comfortable wins for Republicans since first appearing on the ballot in 2022). The 2026 election cycle was the target of Democrats on the state’s districting commission, Flint said. (Both Democrats on the commission that drew the district in 2021 voted against its current configuration.)
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The near faux pas of the night came during Olszewski’s discussion of good-paying jobs in trades and natural resources: “Trades jobs, natural resource jobs, you know, high-dollar, white-collar jobs, our remote workers who have moved into Montana, and we’ve adapted an economy around them. You know, these are the people, and those are the jobs that will bring our kids home, those high-paying white-collar jobs, or a good natural resource job in western Montana, in one of those mines, or, you know, you know, a sawyer or a hooker” — big pause — “as in timber, not the other way around.”
The line that didn’t land: Flint tried and failed to get audience applause for the 2024 defeat of Democratic U.S. Sen. Jon Tester by Republican Sen. Tim Sheehy — an unseating Flint campaigned for.
“How many of you out there are so glad that we finally got rid of the flip-flop, flat-top liberal senator, Jon Tester? How many of you are so glad we finally did that?”
After a silence, Flint explained to people watching the debate on Facebook that the audience was just being polite.
“They’re waving because we can’t have disruptions. See, they’re good rule followers here in the Republican Party,” Flint said.
Asked how to alleviate Montana’s housing affordability crisis:
Olszewski: “The only way you can afford an expensive house is you’ve got to have a job that pays good money. Tourist jobs provide rent and roommates. Trades jobs, natural resource jobs, high‑dollar white‑collar jobs … those are the jobs that will bring our kids home.” Dr. Al, as Olszewski is widely known, said Wall Street investment buyers are distorting housing prices and the federal government has weakened the dollar.
Flint: “Thirty percent of the cost of a home is all due to red tape and regulations … It costs $100,000 to build a home before you even put a hole in the ground.”
Flint said reviving Montana’s timber industry would lower home values and added, “I support President Trump’s ban on these big Wall Street firms buying single-family homes. I think that’s something that we’ve got to get across the finish line.”
“We can deliver when it comes to making the Montana dream affordable again by delivering affordable housing. But another piece is promoting trades and trades education to build up our workforce.”
Asked how Congress should respond to the Iran conflict:
Olszewski: “I supported our president with what happened in Venezuela. There’s a $25 million bounty on basically someone that was killing our people through drugs, right? I’m not so happy with what’s going on in the Iran war. I’m not a warrior. I’m a physician from the military that fixed military people … What my perspective is, is that countries can win wars, but people do not. They don’t come back.” Olszewski said Congress will have to decide whether to authorize further use of military force and set terms in about 10 days.
Flint: “Let me just say this. We are sick and tired of these forever wars, and we do not want to see a long-term boots-on-the-ground Iraq-style nation-building exercise, and I think President Trump shares that mission as well. Let me also say this about Iran. First off, [former Venezuelan President Nicolás] Maduro is behind bars. [Iran’s Supreme Leader Ayatollah Ali] Khamenei is dead, but the far-left socialists are on the march in Montana.”
Asked about reforming Congress:
Olszewski: “What our congressmen and congresswomen have to understand is that if you’re in the House, the House belongs to the people, and they need to, first and foremost, represent you, not themselves, not special interests. It’s not about sound-bites. It’s about actually getting work done and governing.” Olszewski said the House needs to pass a budget based on 12 agency appropriations bills before the end of each federal fiscal year, a process known as “regular order.”
Flint: “We need to return to regular order and get single-subject bills and get these appropriations bills done one by one. If they can’t get a budget done, they shouldn’t get paid. And we need a ban on congressional stock trading. Because I think part of the reason why the American people are so frustrated with Congress right now is because … they believe that Congress is so useless, because we’ve got some of these politicians back there that are getting rich off the backs of taxpayers.”
Neither candidate offered a plan for cutting taxes, once a staple of Republican platforms. Both supported reductions in federal spending without identifying particular cuts.
Voting in Montana’s 2026 primary election begins May 4 and ends June 2.
POLSON, Mont. — Two motorcyclists crashed on Highway 35 near Polson after failing to negotiate a left-hand curve, leaving one man dead and another hospitalized, according to the Montana Highway Patrol.
Two motorcycles were traveling southbound on Highway 35 when both drifted into a guardrail. Both drivers were separated from their motorcycles and ended up on the other side of the guardrail.
A 58-year-old Polson man was confirmed dead at the scene. The second driver, a 45-year-old man, also from Polson, was taken to the hospital with injuries.
Alcohol is a suspected factor in the crash, according to the Montana Highway Patrol.
The crash is under investigation.
KALISPELL — A Flathead County man is turning a personal rock bottom into a lifeline for his community by starting a free, late-night ride service to keep drunk drivers off the roads.
Adam Bruzza started Big Sky Sobriety Shuttle LLC, a free ride share service for people who have been drinking, after realizing he was struggling with addiction.
Maddie Keifer reports – watch the video here:
MT man starts free, late-night ride service to keep drunk drivers off the roads
“I just wanted to give people who do still drink the option for a safe, sober ride home,” Bruzza said.
Bruzza said a devastating mistake behind the wheel became a turning point where he decided enough was enough.
“I was charged with a DUI October 22 of 2024,” Bruzza said.
After a few months focused on his sobriety, Bruzza channeled his energy into his community by starting the shuttle service.
He operates the shuttle in his personal pickup truck. Riders can reach him by phone, text or social media at any time of day or night at no cost.
“I just wanted to give others the opportunity to not get a life changing charge,” Bruzza said.
Bruzza works with bars to connect riders with his service. Although the Big Sky Sobriety Shuttle is a new endeavor, he has already seen a big impact.
“The community response without a doubt has been unconditional love and support that makes my heart all warm and fuzzy,” Bruzza said.
Bruzza also shared a message for others who may be struggling with addiction.
“Your life is worth it, there are people that care out there and it is okay to ask for help,” Bruzza said.
To learn more, click here to visit the Facebook page.
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