Montana
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.
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.
“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.
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.
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.”
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.
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.
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.
“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.
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.
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.
Kalarchik, prelim injunction Kalarchik, class certification
Montana
Former Montana Heritage Commission director sentenced in embezzlement scheme
Former Montana Heritage Commission Executive Director Michael Elijah Allen was sentenced Thursday to 10-years in the Montana State Prison with seven years suspended for stealing public funds from the state agency charged with preserving some of Montana’s most significant historic sites.
Lewis and Clark County District Court Judge Kathy Seeley said she took no pleasure in imposing the sentence but told Allen he was the brains behind this operation of years of theft and fraud. On a count of theft by embezzlement as part of a common scheme, Seeley sentenced Allen to 10 years at the Montana State Prison with seven years suspended, and imposed a concurrent, fully suspended 14-year term on a felony money laundering count.
“You have destroyed yourself,” Seeley said. “You understand that. I hope you do. This is not anybody but you that did this.”
Allen was ordered to pay $280,000 in restitution to the Montana Heritage Commission, plus a 10% administrative fee, and a series of standard court costs and fees, including a presentence investigation fee and victim-witness surcharge. He received credit for eight days previously served in custody, from Dec. 27, 2024, through Jan. 3, 2025, and was barred from having contact with the Department of Commerce or related entities as he serves his sentence under conditions laid out in a plea agreement.
Prosecutors urged a stiffer punishment, asking the court to impose a 20-year prison sentence with 10 years suspended, arguing that Allen’s years-long scheme was a serious breach of public trust that demanded a lengthy custodial term. Deputy County Attorney Kevin Downs told the court that every defendant in similar embezzlement and financial-crimes cases submitted for comparison had received multi-year prison time and said a 10-year effective prison term was warranted to deter others from stealing public funds.
“He was the one that made this happen. He greased the wheels to steal from people,” Downs said. “This sentence sends a message to people. The people that work in any state agency, god forbid, that if you steal there will be significant consequence.”
Allen’s attorney asked Seeley for a lengthy but largely suspended sentence, arguing that a shorter period of incarceration — about two years, roughly double that imposed on co-defendant Casey Jack Steinke — would still hold Allen accountable while allowing him to work and pay restitution more quickly. The defense said Allen has suffered enough with the public humiliation and collateral consequences, including the loss of his career, voting rights and ability to serve on a jury or possess firearms.
Brenda Elias, chief legal counsel for the Montana Department of Commerce, told the court Allen had been a long-time state employee with significant autonomy as the Heritage Commission’s director and had been compensated for his work. She said Allen abused trust, manipulating people and resources.
“Hundreds of thousands of dollars that should have gone to preserve Montana’s heritage were diverted to Mr. Allen’s personal use,” Elias said.
Elias said Allen served as executive director from 2012 to 2024 and said the Heritage Commission has never been financially self-sufficient, relying heavily on bed tax revenue and other support from the Department of Commerce.
“The Heritage Commission continues to realize the impact of these crimes to this day, and it will take many years for the Commission to recover,” Elias said.
Detective Nathan Casey of the Helena Police Department, a veteran investigator in financial crimes, testified that he was contacted by Commerce employees in mid-2024 after they uncovered significant irregularities, prompting a wide-ranging probe. Casey said investigators ultimately reviewed roughly 744 pages of documents which included invoices, contracts and procurement justifications tied to a state-issued purchasing card controlled by Allen.
According to earlier court records, Allen used his position as head of the Heritage Commission to channel roughly $350,000 in commission funds to Steinke between 2020 and 2024, often through invoices for work that was not legitimately performed. In addition to those payments, investigators found evidence that Allen used public money to cover rent, educational expenses and other personal costs, and that Steinke lived rent-free in Reeder’s Alley, one of the commission’s historic properties, during the scheme.
Steinke, who was charged with accountability for theft by embezzlement and felony money laundering, previously pleaded guilty to one embezzlement-related charge and the money laundering count under a plea deal that called for prosecutors to recommend a 20-year prison sentence with 15 years suspended. As part of that agreement, Steinke agreed to pay $100,000 in restitution, including a $20,000 upfront payment at sentencing.
The embezzlement case comes as the Heritage Commission, which manages historic properties, is facing financial pressure. According to reporting from the Daily Montanan, the Commission is obligated to provide $1.1 million annually to the state but has only generated an average of about $750,000 in recent years, leaving less available for capital improvements than needed to maintain historic buildings.
Allen, 49, told the court he accepted full responsibility for his actions, saying he was ashamed and that the crimes were an aberration from how he had otherwise lived his life. He described the embarrassment his children have faced as his case played out publicly, and said he hopes to work and resume making restitution payments.
“I apologize to my friends and to my community,” Allen said. “I’m incredibly ashamed of the actions.”
Montana
Montana delegation backs bill to release wilderness study areas
Laura Lundquist
(Missoula Current) Most of Montana’s Congressional delegation is once again sponsoring a bill to remove three study areas from consideration as designated wilderness.
On Wednesday, Senators Steve Daines and Tim Sheehy and Rep. Troy Downing reintroduced Daines’ “Montana Sportsmen Conservation Act,” which would remove three wilderness study areas from wilderness consideration, releasing them to be managed as regular federal land. Rep. Ryan Zinke was not listed as a sponsor.
Two areas – the 11,580-acre Wales Creek and the 11,380-acre Hoodoo wilderness study areas managed by the U.S. Bureau of Land Management – are 40 to 50 miles east of Missoula in the Garnet Range north of Interstate 90. The third area, the much larger Middle Fork Judith wilderness study area, is around 81,000 acres managed by the U.S. Forest Service in the Little Belt Mountains southeast of Great Falls.
Daines previously introduced the Montana Sportsmen Conservation Act in 2023, but it was never heard in committee. Now, he’s bringing it forward again, and he explained his strangely titled bill in a press release Wednesday.
“As a lifelong sportsman, increasing access to Montana’s great outdoors is one of my top priorities. The ‘Montana Sportsmen Conservation Act’ promotes our outdoor way of life by returning restrictive WSA’s to general public land management, which will improve wildlife habitat restoration, reduce the risk of catastrophic wildfires, and unlock better access to public land,” Daines said in the release.
It should be noted that neither hunting nor fishing are prohibited in wilderness study areas. In the past, sportsmen’s organizations have opposed the wholesale elimination of wilderness study areas. However, some have indicated they are considering the Wales Creek and Hoodoo areas could serve as political sacrifices to save other areas.
The wildfire risk in the Hoodoo area was significantly reduced this summer after the Windy Rock Fire burned a majority of the area.
Daines first proposed a similar bill – the Protect Public Use of Public Lands Act – in 2018 to release five Forest Service wilderness study areas, including the Middle Fork Judith. Former Rep. Greg Gianforte joined him but increased the number of wilderness study areas on the chopping block to 29, including those under BLM management. Both politicians had based their legislation off feedback from a select group of conservative counties and user groups, including the Montana Stockgrowers Association and the Montana Snowmobile Association. Other organizations protested the bills and the lack of transparency during the process.
This most recent bill is supported by the Montana Logging Association, Montana Snowmobiles Association, Montana Outfitters and Guides Association, Montana Farm Bureau Federation, Great Falls Bicycle Club and the Judith Basin and Powell county commissioners.
In 1976, the BLM established 38 wilderness study areas in Montana, including the Wales Creek and Hoodoo areas. In 1977, the Montana Wilderness Study Act set nine Forest Service study areas aside for wilderness consideration, including the Middle Fork Judith. Federal evaluations of the areas conducted during the 1980s concluded some areas, including the three being considered in the bill, weren’t suitable for wilderness designation.
This year’s bill cites the 2020 BLM Missoula Office Resource Management Plan as justification for eliminating the Wales Creek and Hoodoo wilderness study areas. The plan said the two areas were unsuitable for wilderness designation.
However, the plan was not developed during “a 5-year collaborative process,” as the bill claims, but under the direction of the first Trump administration, which ignored a lot of public comments made during scoping. The three resource management plans for Missoula, Lewistown and Miles City were scheduled to be released to the public in late 2018, but they were delayed when the three offices were required to send the drafts to Washington, D.C., for review and revision. When they were returned and published in May 2019, all three draft plans heavily emphasized natural resources extraction.
A Pew Charitable Trust review of six BLM resource management plans drafted in 2019 found all “would fail to conserve lands that the agency’s own research has deemed worthy of protection; cut decades-old safeguards; minimally protect a fraction of 1% of the areas found to contain wilderness characteristics; and open vast swaths of public lands to energy and mineral development.”
Several Montana conservation organizations protested the Montana plans, including Wild Montana and Backcountry Hunters and Anglers. When the draft plans were finalized in early 2020, some changes had been made to cater to sportsmen, but resource extraction still dominated. The Missoula Office’s new objective was to “produce the greatest quantities of forest products from vegetation restoration activities.”
The 2020 plans created a new designation – backcountry conservation area – that allows resource extraction but prioritizes the long-term maintenance of big game populations for hunting. The Missoula plan proposes to manage its three wilderness study areas as wilderness unless Congress releases them. Then, if Daines’ bill passes, portions of the wilderness study areas would become backcountry conservation areas: a 6,100-acre Hoodoos BCA and a 2,365-acre Wales BCA, according to the plan. The remainder of each area is open to any and all uses.
During the 2025 Legislature, the Senate Energy, Technology, and Federal Relations Committee voted 9-4 against a resolution calling on Congress to remove protection from Montana’s wilderness study areas. More than 3,300 Montanans signed a petition opposing the bill and supporting local solutions for study area management.
Some anticipate that more roads will invade wilderness study areas once they’re no longer protected. Zach Angstead, Wild Montana federal policy director, said Daines has countered those claims by saying the areas will still be protected under the Roadless Rule. But now, the Trump administration is on the verge of repealing the Roadless Rule, so that level of protection could disappear. And Daines strongly supports repeal of the Roadless Rule, according to a Dec. 5 email from a Daines spokesperson to the Flathead Beacon.
“Sen. Daines’ push to remove (wilderness study area) protections and roll back the Roadless Rule show that this isn’t about better local management – it’s about opening Montana’s public lands up to large-scale development to benefit corporations, not Montanans,” Angstead said in a statement. “Managing (wilderness study areas) properly requires local collaborative solutions developed by the people who know these places best. The people and the legislature have made it clear that Daines needs to give up this unpopular crusade to undermine and dismantle public lands and start taking his cues from real people who have been working to shape the future of (wilderness study areas).”
Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.
Montana
Rare emergency alert issued as destructive windstorm batters Montana
The National Weather Service in Great Falls issued a rare civil emergency message on Wednesday, December 17, 2025, as a destructive windstorm pummeled Montana from one end of the state to the other, with some of the strongest gusts recorded in central Montana.
The weather service expected wind gusts greater than 90 mph in Pondera, Teton, and Lewis & Clark counties, prompting the emergency alert that activated the wireless emergency alert system to send warnings directly to cellphones.
Rare emergency alert issued as destructive windstorm batters Montana
“It can be used for weather or non-weather reasons. The primary reason why we deployed it today was to activate the wireless emergency alert system – WEA. That will allow these alerts to go to a person’s cellphone to take immediate action,” said Maura Casey, warning coordination meteorologist with the National Weather Service.
The civil emergency message was the first issued by the weather service since December 2020, during a similar wind and dust storm between Great Falls and Havre. The National Weather Service coordinates with county emergency managers to decide when to issue this rare alert.
What made Wednesday’s event particularly widespread was its prolonged nature and the strength of the accompanying cold front.
“This belt of wind came from the west and with how strong the cold front was accompanying it, it was able to reach down to the surface. What makes this event unique is it’s more of a prolonged wind event. It’s the entire day that we’re experiencing these strong winds,” Casey said.
The windstorm didn’t just hit the plains. Some typically protected mountain valleys experienced destructive wind gusts, with 70 to 80 mph gusts recorded in the Helena and Gallatin valleys.
“The more complex topography make it a little bit difficult south of Great Falls. In this case, because we had that belt of winds that came right over Helena and Bozeman – they essentially had a closer access to that wind,” Casey said.
The powerful winds toppled semi trucks and trees across the region, and knocked out electricity to tens of thousands of people across the state.
Windstorm damage across Montana
The destructive winds stem from an extremely active weather pattern that has been pummeling the Pacific Northwest with flooding rains, heavy mountain snow and high winds.
“We remain in the same very active Pacific weather pattern. While we have high confidence – maybe not as strong as today- but we will get more wind events in the coming weeks,” Casey said.
The weather service recommends staying prepared by keeping up with the latest forecast, especially given the active pattern that doesn’t appear to be going anywhere anytime soon.
This article has been lightly edited with the assistance of AI for clarity, syntax, and grammar.
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