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Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan

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Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan


A district court judge in Helena heard arguments Thursday afternoon from attorneys seeking a preliminary injunction on behalf of two transgender Montanans who argue that a rule from the state public health department preventing them from changing their government documents to denote their gender instead of their birth sex is unconstitutional.

ACLU of Montana attorney Alex Rate told Lewis and Clark County District Court Judge Mike Menahan that the Department of Public Health and Human Services’ rule finalized in February essentially prohibits transgender Montanans from changing the sex designations on their birth certificates.

He argued that the state Motor Vehicle Division is not allowing the plaintiffs, Jessica Kalarchik and Jane Doe, to change their sex designations on their driver’s licenses because they are unable to change those designations on their birth certificates in the first place.

Rate used the words of Missoula County District Court Judge Jason Marks when he struck down a bill to prohibit youth from receiving gender-affirming care in September 2023.

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“The purported purpose given for these policies is disingenuous. It seems more likely that the policy’s purpose is to ban an outcome deemed undesirable by the State of Montana. This conduct is replete with animus towards transgender persons,” Rate said, citing Marks’s order.

The state, represented by the Attorney General’s Office, argued that sex and gender are not interchangeable, and that court precedent recognizes sex as a binary of male and female.

The plaintiffs are asking the court to issue an injunction barring DPHHS from enforcing its rule and the MVD from not changing sex designations on driver’s licenses, which has not been introduced as a written policy but one which the plaintiffs’ attorneys say is being enforced on the ground.

They are also seeking to certify a class of transgender Montanans in what they hope will become a class-action lawsuit protecting the rules from being enforced for all current and future transgender Montanans who want to change their birth certificates and IDs or driver’s licenses.

Marks said issuing a preliminary injunction would restore the status quo in place in 2017, when Montanans were allowed to change their sex designations without issue. He said that even though a 2021 law that was similar to the DPHHS rule finalized this year was struck down as unconstitutional, the department was in 2023 found to be in contempt of court for “openly and repeatedly” defying the injunction.

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And in February, the department moved ahead with the rule change after the Legislature passed a bill, Senate Bill 458, aiming to state in Montana law that there “are exactly two sexes, male and female.” DPHHS said the only changes to sex designations allowed would be to correct errors on birth certificates. A district court judge this past summer found Senate Bill 458 to be unconstitutional as well, though the state is appealing that decision.

Rate told Menahan that backstory is key to proving that the State of Montana is targeting transgender people with the rule and discriminating against them in violation of the state Constitution, its equal protection clause, and the right to privacy it affords Montanans. He argued the state offered no compelling interest for the rule.

“The state says that this isn’t speech at all, but rather a record. But that is a statement of your sex, and the state is forcing our clients to present their view of their sex,” Rate said. “The state cannot arbitrarily decide what is an individual’s sex and force them to speak that into the world. That is the definition of compelled speech.”

Assistant Attorney General Alwyn Lansing (right) tells Judge Mike Menahan why he should not issue an injunction blocking a DPHHS rule concerning birth certificate changes. (Photo by Blair Miller, Daily Montanan)

Assistant Attorney General Alwyn Lansing argued on behalf of the state, telling Menahan that the plaintiffs were trying to get the court to make transgender people a protected class.

“To adopt plaintiffs’ argument would be to create a new protected class, which is gender identity, that is in direct conflict with Montana Supreme Court precedent. The Legislature is the only one who could do that,” she said. “…The right to privacy does not include a right to replace an objective fact of biological sex on a government document with subjective gender identity.”

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She also contended that since not all transgender Montanans are seeking to update their personal documents, siding with the plaintiffs would prescribe “personal values of some onto the laws which govern all.”

Rate said the state could not rely on Senate Bill 458 because it is enjoined, and the expert testimony the plaintiffs submitted from two medical experts in the transgender field showed there is a strong relationship between sex and gender identity, and that disallowing that expression was harmful and discriminatory to transgender Montanans.

Arguing as to why a class should be certified in the case, ACLU attorney Malita Picasso said state data showed at least 280 Montanans had sought to amend their birth certificates during the past seven years, at least 85 since 2022. She said certifying a class of transgender Montanans who currently or in the future may want to change their sex designations would ensure that any court decision would apply to all transgender Montanans, not just the current plaintiffs in the case.

She also said that certifying a class for the case would prevent confusion should separate cases be filed in other Montana district courts and judges come to differing conclusions. Assistant Attorney General Thane Johnson told the court that whatever Menahan decides regarding the injunction would apply to the entire state of Montana, and he believed the plaintiffs did not meet all the necessary prongs to turn the case into a class-action suit.

Picasso responded that the state’s record showed it would try to fight the changes even if an injunction was granted, however. She said that if Menahan issues an injunction and the two plaintiffs do get their documents changed, the state could then claim the case and injunction were moot because the plaintiffs had gotten the relief they had sought, then apply the same rules to other transgender Montanans.

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“If the defendants would like to enter a stipulated agreement in which they, you know, say that they won’t enforce it as to others, then I think that maybe we could reconsider,” Picasso said. “But at this stage, it seems pretty clear that were the injunction to be issued only as to the named plaintiffs, that the defendants would be arguing for that to be limited to just them.”

Menahan did not issue any orders from the bench Thursday and did not state when he might do so following the two-hour hearing.



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Montana Lottery Powerball, Lucky For Life results for Dec. 20, 2025

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The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 20, 2025, results for each game:

Winning Powerball numbers from Dec. 20 drawing

04-05-28-52-69, Powerball: 20, Power Play: 3

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 20 drawing

08-21-30-41-47, Lucky Ball: 15

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Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Dec. 20 drawing

09-12-34-45-50, Star Ball: 01, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from Dec. 20 drawing

03-06-12-30, Bonus: 11

Check Big Sky Bonus payouts and previous drawings here.

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Winning Powerball Double Play numbers from Dec. 20 drawing

05-08-19-23-43, Powerball: 06

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from Dec. 20 drawing

02-21-25-40-41

Check Montana Cash payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

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When are the Montana Lottery drawings held?

  • Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • Big Sky Bonus: 7:30 p.m. MT daily.
  • Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Montana Cash: 8 p.m. MT on Wednesday and Saturday.

Missed a draw? Peek at the past week’s winning numbers.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Puerto Rico, Washington D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

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This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.



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Game Day Live Blog: Louisville vs. Montana | Game 12

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Game Day Live Blog: Louisville vs. Montana | Game 12


LOUISVILLE, Ky. – The Louisville men’s basketball program suffered a setback in their last time out on the floor, but the time has come to bounce back, as they return to the KFC Yum! Center to host Montana.

The Cardinals made the trek down to Rocky Top for a top-20 showdown at Tennessee, but they were punched in the mouth early and couldn’t recover. UofL wound up suffering a demoralizing 83-62 loss, falling to 0-2 in true road games so far this season.

Louisville was without star point guard Mikel Brown Jr. due to a lower back injury, but even with him on the floor, it’s unlikely they would have taken down UT. They shot just 37.9 percent from the floor, with Adrian Wooley and Ryan Conwell combining for 43 of their points. In fact, the Cards had twice as many turnovers (16) as they did assists (8), and let the Vols shoot 54.7 from the floor.

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As for the Grizzlies, they are coming off a 2024-25 season in which they made the NCAA Tournament by way of winning the Big Sky Conference Tournament. However, year 12 under head coach Travis DeCuire has been up-and-down.

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Montana is 1-1 against KenPom top-100 teams, losing 86-81 at Texas A&M but winning 102-93 at UNLV. Additionally, in their last time out, the Griz lost 82-75 to Montana Tech – an NAIA school – at home.

 Preview: Louisville Cardinals vs. Montana Grizzlies

Here is where you will get all the latest updates from today’s contest in real time. Throughout the game, we will include any notes, injury updates and analysis in the game feed at the link below.

More Cardinals Stories

(Photo of KFC Yum! Center: Matt McGavic – Louisville Cardinals On SI)

You can follow Louisville Cardinals On SI for future coverage by liking us on Facebook, Twitter/X and Instagram:

Facebook – @LouisvilleOnSI
Twitter/X – @LouisvilleOnSI
Instagram – @louisvilleonsi

You can also follow Deputy Editor Matthew McGavic at @Matt_McGavic on Twitter/X and @mattmcgavic.bsky.social on Bluesky





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Broadband access is expanding in Montana, but rural areas still lag behind

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Broadband access is expanding in Montana, but rural areas still lag behind


In the southeastern Montana town of Belfry, 65-year-old resident Mary Boyer reflects on her relationship with technology.

“I’m a green-ledger girl,” Boyer said. “I can handwrite. I don’t like calculators. I never owned a television, I have a crank Victrola for music.”

Boyer’s home is about an hour south of Billings. The Beartooth and Pryor Mountains flank Belfry, as the Clarks Fork of the Yellowstone River meanders through it.

Belfry, MT is flanked by the Beartooth and Pryor Mountains. This terrain is challenging and expensive when it comes to installing fiber optic cable, which in some parts of the state can cost up to $300,000 to reach one home or business, according to ConnectMT Director Misty Ann Giles.

She said technology has always been slow to come to their town.

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“We had a heck of a time getting songs – because we have to do it over the internet – for the karaoke machine,” she said. “And all of a sudden halfway through a song there’s no words or there’s no karaoke whatsoever.”

Boyer knows connectivity goes beyond a karaoke machine.

Before this year, she said their internet service couldn’t meet the community’s needs. Her neighbors rely on it for telehealth appointments, education and commerce.

“I think it’s all about the community and keeping them in touch with the outside world,” she said.

Montana ranks among the lowest in the country when it comes to internet access. And rural places disproportionately lack access to high speed connectivity compared to urban.

Montana ranks among the lowest in the country when it comes to internet access. Broadband Now, an independent research organization, ranked Montana second to last in the nation for internet speeds and affordability. And rural places disproportionately lack access to high speed connectivity compared to urban; this is known as the digital divide.

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State officials and telecommunications companies have been trying to change that. Over the last few years, just shy of a billion dollars in federal funding aimed at tackling this issue came into the state. The goal is to use it to close the digital divide for good.

In the southern end of Belfry, Jay Velez stands in front of his restaurant, the Silvertip, admiring the scenery.

“What a view, man!” he said, looking toward the Beartooth Mountains. “It doesn’t suck here.”

His restaurant serves as a local watering hole. It offers the karaoke night coveted by Boyer. And this summer, the Silvertip’s internet got better.

The Silvertip Restaurant in Belfry, MT. The restaurant’s internet speeds got an upgrade after Nemont Communications finished building fiber optic lines to the town. That work was funded through a federal program aimed at closing the digital divide.
The Silvertip Restaurant in Belfry, MT. The restaurant’s internet speeds got an upgrade after Nemont Communications finished building fiber optic lines to the town. That work was funded through a federal program aimed at closing the digital divide.

“We just rely on it for our point of sale systems, and so far, it’s been working great,” he said.

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His improved internet is due to newly installed fixed fiber optic lines. These are thick cables laid in the ground. They’re considered the “gold standard” for broadband connectivity.

But this technology is expensive to install, and it’s been slow to reach towns like Belfry.

“We’re way behind, in looking at the grander sphere of the problem,” said Misty Ann Giles, the head of the state’s broadband office ConnectMT. “We are farther behind our sister states. Montana does have a lot of challenges when it comes to thinking about internet access.”

Government-led efforts to close the digital divide have been underway for decades. The federal government established the Universal Service Fund in 1996, prescribing that “all Americans” should have access to basic connectivity. The fund subsidizes fiber installation and maintenance in remote areas.

But it wasn’t enough. So, another project emerged in 2018. The U.S. Department of Agriculture’s ReConnect program offers federal funds and loans to expand internet access.

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Giles helped stand-up the program as former Chief of Staff at the agency’s Rural Development office.

“A lot of the work we did when we were at USDA when we first came into office was trying to look at the bigger Rubik’s Cube of, why are rural communities lacking some core services when it comes to education, telehealth, things like that in their communities,” Giles said. “And what it all came down to was connectivity.”

This connectivity became even more imperative during the pandemic. Business, community, health care and education all required a stable internet.

Belfry is flanked by the Beartooth and Pryor Mountains. This terrain is challenging and expensive when it comes to installing fiber optic cable, which in some parts of the state can cost up to $300,000 to reach one home or business, according to ConnectMT Director Misty Ann Giles.
Belfry is flanked by the Beartooth and Pryor Mountains. This terrain is challenging and expensive when it comes to installing fiber optic cable, which in some parts of the state can cost up to $300,000 to reach one home or business, according to ConnectMT Director Misty Ann Giles.

According to the Federal Communications Commission, broadband expansion timelines considered reasonable pre-COVID-19 became “unworkable,” and the Commission pushed to get rural communities connected faster. So the federal government launched several new programs.

Since 2019, around $900 million from four federal programs for rural broadband expansion has flowed into the state.

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Since 2019, around $900 million from four federal programs for rural broadband expansion has flowed into the state.

The main sources include funds from the ReConnect Program, which go to telecom companies through grants and loans. Those total around $144 million for Montana-focused projects. Then there’s the American Rescue Plan Act, which provided $310 million; The Broadband Equity Access and Development program, which allotted around $308 million; Lastly, there’s the FCC’s Rural Digital Opportunity Fund, which provided Montana $126 million for a 10-year period during its Phase I auction.

And it’s through these programs that Belfry’s internet just got a little better.

Back in southeastern Montana, Nemont Communications Chief Operating Officer Scott Paul drives through the 250-resident town on a sunny October afternoon.

“You probably didn’t see it, but look for an orange capped plastic pole,” he said, pointing out markers of their recent efforts. “Beneath that orange-capped plastic pole, there is gonna be a handhole. And then between those plastic poles, there’s fiber that’s buried underground.”

White poles with orange caps mark places Nemont Communications recently installed fiber optic to bring better internet speeds to Belfry, MT. The work was funded in part by the USDA’s ReConnect program, which funds broadband buildout in rural areas.
White poles with orange caps mark places Nemont Communications recently installed fiber optic to bring better internet speeds to Belfry, MT. The work was funded in part by the USDA’s ReConnect program, which funds broadband buildout in rural areas.

Nemont just replaced Belfry’s copper wire laid around the 1970s. Paul said copper was great for dial-up internet, but fails at providing the internet speeds we expect today. But installing fiber in Montana is expensive. It can cost up to $300,000 to reach a single home or business, according to Giles.

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“If you’re trying to put all of this fiber into an area that’s all rock, then it becomes a lot more expensive because rock’s a lot harder to get through than the dirt,” he said.

For Belfry’s project, Nemont received $10 million ReConnect dollars to build fiber for around 1,000 households in 500 square miles. That’s an area the size of Los Angeles. Paul said they installed 80 miles of fiber just to reach Belfry.

Most companies rely on their customer base to cover the costs of installing internet infrastructure. But in low population states like Montana, that model does not always work. Paul said that’s why these funds are so important.

“It’s allowing us to escalate the speed of doing that,” he said. “We’re doing a little bit more now than we have done in the past, for that reason.”

Dozens of companies like Nemont have leveraged these federal programs to try and reach more residents. Sometimes the costs still exceed what they can afford, and they default.

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According to the FCC, Montana’s broadband coverage increased 10 percent between 2023 and 2024. But there’s more work to be done. 70,000 homes and businesses across Montana still need better internet.

Some progress has been made. According to the FCC, Montana’s broadband coverage increased 10 percent between 2023 and 2024. But there’s more work to be done. 70,000 homes and businesses across Montana still need better internet.

And rural residents like Mary Boyer know how necessary it is to be connected.

“If we didn’t have the access to the good communications, we could be in a world of horse pucky,” she said.

State officials hope to bridge the digital divide by the end of the decade.

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