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ACLU Montana: Stop health department, DOJ from harm to transgender people • Daily Montanan

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ACLU Montana: Stop health department, DOJ from harm to transgender people • Daily Montanan


People who are transgender need to be able to amend their birth certificates and driver’s licenses without interference from the state of Montana, plaintiffs in a lawsuit argued this week in a request for a preliminary injunction.

So the Lewis and Clark County District Court should block the Department of Public Health and Human Services and the Department of Justice from unconstitutionally preventing them, the plaintiffs said.

The status quo not only violates the constitutional rights of transgender Montanans, it causes harm, said the motion filed Thursday.

“Uncorrected identity documents serve as constant reminders that one’s identity is perceived by society and the government as ‘illegitimate,’” said the ACLU Montana in the filing.

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The result can exacerbate gender dysphoria — a serious medical condition associated with incongruity between assigned sex and gender identity — and cause psychiatric disorders and even the risk of suicide, the plaintiffs said.

On the other hand, The World Professional Association for Transgender Health states that “changing the sex designation on identity documents greatly helps alleviate gender dysphoria,” the filing said.

Last month, the ACLU Montana filed a lawsuit on behalf of Jessica Kalarchik, Jane Doe, and “all others similarly situated” alleging Gov. Greg Gianforte, the Department of Public Health and Human Services, and the Department of Justice are violating the constitutional rights of transgender people.

The plaintiffs argue people who are transgender used to be able to amend their birth certificates without issue and without negative consequences to the state.

However, a 2022 rule through the health department, a new Motor Vehicle Department practice through the DOJ, and Senate Bill 458 treat them differently than cisgender people — whose gender identity corresponds to their assigned sex — and infringes on their rights.

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“The 2022 Rule, the new MVD policy and practice, and SB 458 are solutions in search of a problem,” the plaintiffs said.

A spokesperson for Gianforte earlier said the governor stands by the bill he signed in 2023 “that brings the long-recognized, commonsense, immutable biologically-based definition of sex — male and female — into our state laws.”

The state health department earlier said it does not typically comment on pending litigation. The Department of Justice earlier denied the MVD had changed its policy on updating a sex designation on a driver’s license.

This week, the plaintiffs asked the court for a preliminary injunction to stop enforcement of the rule, practice and law, citing infringement of their constitutionally protected rights.

They also asked the court to certify the lawsuit as a class action on behalf of all Montanans who are transgender and need to change their birth certificates and driver’s licenses.

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The American Civil Liberties Union Foundation of New York and Nixon Peabody of Chicago also are representing plaintiffs, pending approval from the court.

DPHHS Director Charlie Brereton and Attorney General Austin Knudsen also are sued as heads of state agencies.

Different law, same fight

Starting in 2017, people who were transgender could change their sex designations by submitting an affidavit to the health department.

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In 2021, the Montana Legislature adopted Senate Bill 280, which restricted the ability of people who are transgender to change their birth certificates. But in a separate lawsuit, the court temporarily halted the law and ordered the health department to use the 2017 process instead.

“DPHHS pointed to no adverse consequence of having had to revert to the 2017 procedure,” said the filing this week.

The district court permanently enjoined SB 280 in 2023 and also found DPHHS to be in contempt for “openly and repeatedly defying” its order.

In February 2024, however, the state health department said it wouldn’t amend birth certificates based on gender identity, but only to correct errors, citing an administrative rule from 2022 and its alignment with Senate Bill 458.

Signed by Gianforte in 2023, SB 458 states that “there are exactly two sexes, male and female … (and) the sexes are determined … without regard to an individual’s psychological, behavioral, social, chosen or subjective experience of gender.”

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The DOJ took action this year as well, ending the prior practice at the MVD of allowing changes to sex based on a letter from a doctor stating the person was changing or had changed their gender, according to the court filing.

“Instead, without following any notice-and-comment procedure, the DOJ and Attorney General Austin Knudsen adopted a new policy and practice that the MVD would only issue an amended driver’s license with a sex designation consistent with a person’s gender identity, rather than their assigned sex at birth, if the person provided an amended birth certificate — which the 2022 Rule prohibits transgender people from obtaining,” said the filing.

Constitutional rights violated, plaintiffs allege

The plaintiffs argue the changes violate multiple constitutional rights.

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They violate their right to equal protection because the health department and MVD “single out transgender people for different and less favorable treatment vis-a-vis cisgender people,” the filing said.

The rule and practice also don’t serve a compelling state interest, the plaintiffs said.

In fact, 45 other states allow transgender people to amend their sex markers on their birth certificates, and 38 allow them to change the same on their driver’s licenses without an amended birth certificate, the filing said.

“Many of these states have allowed these changes to birth certificates and driver’s licenses for years without any widespread problems with the ability of those states to maintain ‘accurate vital statistics,’” the filing said.

They noted Montana was in the same boat earlier, making changes at the health department “without incident” from 2017 until the 2021 law was adopted.

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The plaintiffs also argue that the rule, MVD practice and law violate the right to privacy, which the Montana Constitution says is “essential to the well-being of a free society.”

The state says that right shall not be infringed without a compelling state interest,” and the plaintiffs note the state affords even broader privacy protections than the federal constitution.

And they said health information is personal, sensitive and private.

“The mental and emotional toll of being forced, against one’s will, to publicly share personal information related to one’s transgender status is both humiliating and degrading,” the plaintiffs said.

If transgender people can’t change their birth certificates, they’re forced to reveal their transgender status every time they’re required to show those documents, the plaintiffs said.

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“This forced ‘outing’ has serious adverse psychological effects and health consequences and often results in outright hostility toward transgender people,” said the court filing.

“Conversely, transgender people whose identity documents are consistent with the way they present themselves to the public experience better mental health and less mistreatment.”

The plaintiffs cited a study that said transgender people who changed their sex designation on documents were 35% less likely to have experienced related mistreatment than those who hadn’t made the changes.

“Other studies have shown that accurate identity documents promote economic benefits, including higher rates of employment and increased income,” the plaintiffs said.

They noted nearly one-third of transender people fall below the poverty line and the same number have experienced homelessness.

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The state also is forcing people who are transgender to “express or embrace a viewpoint to which they disagree,” in violation of the right to be free from compelled speech, the plaintiffs allege.

Rather, transgender people are forced to carry and present identity documents with a sex designation that conflicts with what they know their sex to be and one that forces them to “disseminate the state’s view of their sex,” the plaintiffs argue.

The rule, policy and law are also “scientifically incorrect,” said the court filing.

“They ignore the existence of multiple genes involved in sex differentiation; the breadth of the endocrine system, which has multiple organs with multiple functions; and growing research documenting that gender identity is biologically based,” the plaintiffs said.

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Class certification request

The plaintiffs also propose a class that includes all transgender people in Montana who want to change sex designations on their birth certificates or driver’s licenses.

Citing a study, the filing estimates roughly 0.41% of Montanans over 18 identify as transgender, or more than 3,400, and an estimated 49% don’t have documents that reflect the sex to which they identify, or some 1,700.

It said a class action case would account for the high number of potential plaintiffs, their geographic dispersion in a state such as Montana, the resources of the court, the resources of individual class members, and their vulnerability to threats of violence.

“Proceeding as a class diminishes the salience of such threats to any individual class member, as there is both safety in numbers and relative anonymity for class members,” said the request for class certification.

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Kalarchik, prelim injunction Kalarchik, class certification



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Organizations request Montana health department investment following Medicaid redetermination • Idaho Capital Sun

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Organizations request Montana health department investment following Medicaid redetermination • Idaho Capital Sun


Thousands of Montanans lost Medicaid coverage, not because they weren’t eligible, but due to “unapproachable and unmanageable” administrative barriers at the state health department.

That’s according to a letter signed by 66 national and state organizations sent to Gov. Greg Gianforte last week asking him to include money to add additional staff to the Department of Public Health and Human Services and update outdated software, among other requests, in his budget proposal for the 2027 biennium.

The Medicaid redetermination process took place following a freeze on disenrollments during the Covid-19 pandemic, and took a total 135,000 enrollees off of Medicaid. The state’s redetermination dashboard cites the most frequent reason for disenrolling as a lack of correspondence with the department. Many former enrollees who may still be eligible now have to apply for Medicaid again for health coverage, with longer-than-usual wait times and Medicaid providers struggling to make ends meet as applications are processed.

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Health department in preliminary budget planning

The letter suggested consumer advisory groups, focus groups, surveys, and end-user testing to improve the state’s communication with clients – and said health department staffers should use plain language with clients to help reduce delays.

The state health department previously told the Daily Montanan it meets all federal standards for processing both redeterminations and new applications. Spokesperson for the department Jon Ebelt said Monday it is taking the requests in the letter under consideration in its budget planning.

“The letter makes specific budget requests, and at this time, DPHHS is in the preliminary stages of the executive budget planning process for the upcoming legislative session,” Ebelt said in a statement. “DPHHS appreciates the feedback and suggestions included in the letter and will consider them.”

The letter was addressed to Gianforte, but the Governor’s Office on Monday deferred to DPHHS in response to questions. DPHHS Director Charlie Brereton, as well as Human Services Executive Director Jessie Counts, Medicaid Chief Financial Manager Gene Hermanson and Director of Budget and Program Planning Ryan Osmundson were copied on the letter as well.

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Jackie Semmens with the Montana Budget and Policy Center, told legislators Thursday the organizations who signed onto the letter included food pantries, healthcare providers and faith organizations – places people turn to when they “can’t get the benefits they qualify for in a timely manner.”

“These organizations see people coming to food pantries when they are forced to choose between paying out of pocket for prescription or feeding their family because their Medicaid determination is delayed,” Semmens said. “These 60 plus organizations have seen firsthand how strapped the department has been during the past year, which is why they have joined together to ask the governor to improve access to public assistance.”

Organizations include the Montana Food Bank Network, the Fort Peck Tribal Health Department, Montana Head Start Association and the American Heart Association.

The letter, sent June 17, said the health department cuts made in 2017 led to 19 public assistance offices across the state to close and resulted in pressure on the staff that was left.

Medicaid unwinding exacerbated these existing issues, the letter said, and “highlighted the ways in which Montana’s safety net is outdated, inaccessible, and cumbersome for those most in need.” The organizations asked that as the governor’s administration develops its 2027 biennial budget, they invest and modernize access to Montana’s safety net services.

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Prior to each legislative session, the governor releases a budget with proposals for spending for the upcoming two fiscal years. The legislature ultimately has the power to appropriate funds, but the budget is a public statement of the investments the executive office wishes to make and approve. The legislature will meet again in January 2025.

Letter: state website is hard to navigate, more in-person assistance options needed

The organizations want to see more options for in-person assistance, which could include the reopening of rural public assistance offices. Applications completed in person are less likely to contain errors, the letter said, and would reduce procedural delays.

“In-person assistance is an essential lifeline for elderly, disabled, and rural individuals,” the organizations said.

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The state health department’s website to apply for safety net services like Medicaid or food assistance is hard to navigate, the letter said, and during the unwinding process, phone lines were jammed with people having to wait hours to speak to someone. The organizations believe the solution to the problems is better staffing at the department, although their letter did not specify how many more employees they believe are needed.

“With rural Montanans relying on these means of application, Montana should make significant investments to improve their functionality,” the letter read.

The letter said understaffing was what led to procedural delays during the Medicaid unwinding. Ebelt previously listed limited staff as one reason for Medicaid delays, along with prioritization for individuals with current inactive coverage as well as verifying previously unreported resources. He said the state meets the federal standard of paying 90 percent of “clean claims” (claims not needing additional verification) within 30 days, and 99 percent of “clean claims” in 90 days.

About 9% of cases are still pending eligibility, Counts told legislators, translating to a little under 20,000 cases.

Daily Montanan is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: [email protected]. Follow Daily Montanan on Facebook and X.

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Briefs: Going to the Sun Road; Glacier Park death; Browning tax relief

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Briefs: Going to the Sun Road; Glacier Park death; Browning tax relief


GNP’s Going to the Sun Road opens for the season

Aaron Bolton | Montana Public Radio

Going to the Sun Road in Glacier National Park has fully opened for the season. Park officials opened the road Saturday.

The visitor center at Logan Pass is open, but drinking water isn’t yet available.

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The road is opening with some changes to the vehicle reservation system. A reservation is required from 6 a.m. to 3 p.m. for cars entering through West Glacier. Reservations aren’t required at the St. Mary entrance on the east side of the park.

Shuttle services along the road will begin July 1.

Woman dies after falling into St. Mary Falls in GNP

Edward O’Brien | Montana Public Radio

A Pennsylvania woman died yesterday Sunday afternoon after falling into the water in Glacier National Park.

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Park officials say the 26-year-old woman fell into the water above St. Mary Falls on the park’s east side.

According to witnesses, the woman was washed over the falls and trapped under the very cold and fast water for several minutes.

A park news release says bystanders pulled her from the water and administered CPR until emergency responders arrived.

Park rangers and an ambulance team from Babb took over CPR upon arrival.

An ALERT helicopter crew also assisted with resuscitation efforts, but the victim never regained consciousness.

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The victim’s name has not yet been released pending notification of next of kin.

The death is under investigation. It is Glacier’s first fatality of the summer season.

Browning residents to see relief after being overcharged on tax bills 

Shaylee Ragar | Montana Public Radio

State officials are working to get refunds to Browning residents who were overcharged on their property tax bills.

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Lee Montana first reported homeowners in Browning received unusually high appraisal values and property tax bills last fall — some four times the amount they paid last year.

That led the state Department of Revenue to re-evaluate the homeowners’ properties. The agency says a computing error miscalculated the values of 385 properties in town.

Bryce Kaatz with the department told lawmakers on Monday that all affected residents should receive letters with their updated appraisals this week. He said the department is working with Glacier County to issue refunds to homeowners as quickly as possible.

Kaatz says the agency is looking at safeguards to prevent the error from happening again.

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Immigration takes center stage in contested Montana US Senate race

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Immigration takes center stage in contested Montana US Senate race


(The Center Square) – Montana has one of the longest shares of the U.S. border with Canada of any state. However, it’s the other border – nearly 1,000 miles away – that is becoming a flashpoint in the state’s ongoing U.S. Senate race.

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Montana’s U.S. Senate seat currently held by Democratic Sen. Jon Tester is up for re-election this year, with Tester running against Republican nominee Tim Sheehy, a former Navy SEAL and aerial firefighter. Sheehy has consistently attacked Tester on immigration and border security – seeking to paint him as an enabler of President Joe Biden’s record on illegal immigration from Mexico – forcing Tester to defend his record.

Montana’s U.S. Senate seat currently held by Democratic Sen. Jon Tester is up for re-election this year. REUTERS

“What’s happening at the southern border is an absolute crisis, and it gets worse each day under the Biden administration and with career politicians like Jon Tester who talk a tough game about border security but aren’t getting the job done,” Sheehy writes on his campaign website. “The result of an open southern border is more crime and drugs flooding into our country and into our Montana communities.”

Since the Biden administration took office, over 7.9 million foreign nationals have illegally crossed the U.S. border with Mexico, according to U.S. Customs and Border Protection data, a figure that only includes those apprehended by law enforcement and not those who successfully sneak in between ports of entry. Many of these foreign nationals can remain in the country after submitting applications for asylum, which can take years to process.

Republican nominee Tim Sheehy, a former Navy SEAL and aerial firefighter, is running against Tester. AP

“Jon Tester has worked hand in glove with Joe Biden to aid the invasion taking place at our southern border,” Sheehy wrote in a news release attacking Tester for voting to dismiss impeachment charges against Biden’s Homeland Security Secretary Alejandro Mayorkas. Sheehy has promised to support the construction of a physical wall along the southern border – a longtime policy goal of former President Donald Trump, the presumptive Republican presidential nominee – as well as end federal authorities’ relocation flights to distribute migrants around the country.

Sheehy’s focus on the border reflects a larger strategy for Republican Senate candidates in battleground states across the country, who have emphasized the issue. In April, a campaign arm of the Senate Republican Conference announced it would spend $15 million attacking Tester on immigration this election, according to Politico.

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Tester, for his part, has played up the contrast between himself and Biden on this issue.

Tester, for his part, has played up the contrast between himself and Biden on the border crisis. REUTERS

“I’ve stood up to Biden by demanding action to secure our border and protect Montana’s way of life,” Tester wrote on Twitter, now known as X, on June 9. Tester has also touted his support of a bipartisan border security bill introduced in the Senate in February and, again, in May, which Republicans voted against.

“We had one of the toughest border bills on the Senate floor we’ve ever had and Republicans killed it because they wanted to give my opponent a campaign issue,” Tester tweeted. Addressing his opponent directly, he wrote: “Tim – you didn’t even read the damn bill before you said you opposed it!”

Critics of the Senate bill Tester supports, however, said it would expand and codify the discretionary authority of Biden Homeland Security Secretary Alejandro Mayorkas when it comes to border-related issues. Using such discretionary authority, Mayorkas unilaterally changed laws established by Congress, including creating over a dozen parole programs, which House Republicans said are illegal and cited when they impeached him in February.

Sheehy’s focus on the border reflects a larger strategy for Republican Senate candidates in battleground states across the country. AP

This year, Tester joined Republicans in Congress to support conservative immigration legislation – an unusual move for a Senate Democrat. Chief among these is the Laken Riley Act, a bill named for a Georgia graduate student allegedly killed by a foreign national in the country illegally, which passed the House in March and which Tester co-sponsored in the Senate.

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Montana is regarded as a heavily conservative state with a Cook Partisan Voting Index (PVI) score of R+11, indicating a Republican lean. However, Tester has won re-election three times to his seat as a Democrat, and is currently the only Democrat holding a state-wide office.

Immigration is a major issue across federal campaigns this year as Democrats seek to blunt the Republican accusation that they are deliberately permitting illegal immigration, with Biden signing an executive order on June 4 that bans those who illegally cross the border from receiving asylum. However, he also issued an order on June 18 that would enable certain illegal immigrants who married U.S. citizens to obtain legal status and, eventually, U.S. citizenship themselves – which Republicans have derided as “amnesty.”

Montana is regarded as a heavily conservative state with a Cook Partisan Voting Index (PVI) score of R+11. CQ-Roll Call, Inc via Getty Images

Not to be outdone, Trump last week announced that he would grant permanent residency to any international student graduating from a U.S. college or university. With over 1 million international students presently in the country, according to the Department of State, Trump’s proposal would represent the biggest expansion of legal immigration since the Reagan Administration, when a comprehensive immigration reform bill was last passed by Congress.

Tester and Sheehy did not immediately respond to requests for comment about whether they support Biden’s and Trump’s latest actions, respectively.

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