Montana
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.
“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.
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 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.”
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.
“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.
BUTTE, Mont. — The Sentinel Spartans are the kings of Montana AA baseball.
In the inaugural season of AA baseball in the Treasure State, Sentinel took the title by winning three games in two days at the State AA Tournament, culminating with a 6-3 championship game victory over the Gallatin Raptors.
“It’s tough to find words right now,” said Sentinel head coach Brian Moser. “It was pretty emotional celebrating with the guys. Just really happy for them. What an opportunity. They took advantage of it. Very proud of them. Very appreciative of everything they’ve done for me and Sentinel High School and Sentinel baseball. It’s a great night to be a Spartan.”
Junior Stellan Ridley was stellar for Sentinel, with two triples, two runs scored, and two runs batted in. Kaden Thennis added two hits, two runs, and an RBI while also drawing a hit by pitch. Owen Dale had a hit and a run batted in.
“We have a great mentality,” said Ridley. “I’m so proud of these young guys. As a junior and the seniors, leading us to this and showing how discipline works. We faced some chirpy people, and we just stayed with our level of the game and we performed, as you can see. We won the State Tournament!”
Each win for Sentinel in the tournament came in vastly different fashion.
The Spartans earned a nine-inning victory in their quarterfinal against Butte on Thursday, then came back from a 6-0 deficit after 4.5 innings in their Friday semifinal matinee against the Glacier Wolfpack. But on Friday night, in a game that started at 10 p.m. and ended at 12:08 a.m., Sentinel took an early lead and never trailed enroute to a victory over a Raptors team that had lost just one game all season.
“I had never played a game that late. Going from the early game, it was good that we had that little gap, we got to recuperate and take a solid power nap and come back out here with a lot of energy. Because if we came out flat, there was no way. But we came out with a lot of energy, and we stuck it to them. I mean, that team was good,” said Ridley of their hot start in the title game.
“Baseball is a funny game. There’s a lot of ways to win, there’s a lot of ways to lose. Just happy for the guys for sticking to it and never giving up.” said Moser. “Honestly, it takes a couple of lucky bounces here and there in a State Tournament, and we got those and took advantage. Beat a really, really good Gallatin team tonight. Just extremely proud.”
Gallatin managed to tie the game at 3 apiece in the fifth inning before the Spartans scored one in the sixth and two in the seventh, allowing freshman pitcher Lucas Johansson to earn the win and the save on the mound.
“It’s a big deal. 3 runs are way more than 1. It takes a lot of what the offense can do away. So those were huge, huge runs,” said Moser.
Johansson picked up two of the three wins in the tournament for Sentinel, while fellow freshman Paxson Onstot had the victory in the triumph over Glacier.
“I’m not going to say that’s how we drew it up, but that hopefully gives them confidence to come back next year ready to go,” said Moser. “We’ll have a target on our backs, but that’s okay. A lot of youth, it’s fun.”
Keaton Elliott tossed the first 4.1 innings of the title game for Sentinel, allowing just two hits, three earned runs, and five walks while striking out two.
The title marked the end of a remarkable turnaround for a Spartans team that started the season with a record of 5-7 before winning 10 of their last 11.
“(We got) absolutely shamed by our entire school (at assembly). It sat with me this whole time and I hated that. I just had so much drive,” said Ridley. “What are they going to say now?”
Wyatt Ford pitched a complete game for Gallatin, allowing three earned runs, five hits and a hit by pitch while striking out 10 on 103 pitches.
Ford and Louis Musial had the Raptors only two hits on the night, a triple and double, respectively, while Harvey Kimmel had two runs batted in.
Sentinel ends their season with a record of 15-8, while Gallatin concluded their campaign at 18-2.
“I think Gallatin came in here a little cocky. One loss the whole season, thinking they were going to probably roll us,” said Ridley. “No. We showed them up. Their eyes got big, and they realized we’re not a team to mess with.”
HELENA, Mont. — Montana counties have accepted enough signatures for Seth Bodnar, running for U.S. Senate and Michael Eisenhauer, running in Montana’s 2nd Congressional District, to be on the November ballot, although counts are still unofficial.
County election officials are continuing to verify signatures submitted by Tuesday’s deadline as part of the candidate petition process.
The Montana Secretary of State’s Office has not yet verified, certified or accepted the petitions, according to the Secretary of State’s office.
Counties must submit candidate petitions to the Secretary of State’s office by June 1.
The Secretary of State’s office will then conduct its “statutory review to ensure the petitions meet the necessary legal requirements under law.”
The deadline for the November general election ballot to be certified is Thursday, Aug. 20. By then, all qualifying candidates and any potential ballot issues that qualify for the general election will be officially certified.
The following was out by the Montana Secretary of State’s Office:
The attached report is unofficial. It includes totals that the county election officials have processed and entered in the system. These totals do not represent what the Secretary of State’s Office has received, reviewed, tabulated, or certified. The certified totals may differ from what is reflected.
Seth Bodnar, U.S. Senate
- 13,327 required
- 18,772 accepted
- 7,812 rejected
Kimberly Persico, MT-01
- 6,742 required
- 563 accepted
- 156 rejected
Michael Eisenhauer, MT-02
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- 7,274 required
- 7,754 accepted
- 4,720 rejected
Severe storms moved through parts of Montana on Thursday, prompting a total of 5 Severe Thunderstorm Warnings. Reports included strong wind gusts and hail in several communities, including Augusta, Choteau, Sunburst, Bigfork, Kalispell and Evergreen.
The strongest reported wind gust was 60 mph near Augusta, while hail up to 1 inch was reported near Evergreen and Kalispell.
STORM REPORTS:
12 SE Grant — 56 mph thunderstorm wind gust
7 NNE Augusta — 60 mph thunderstorm wind gust
5 ENE Choteau — 59 mph thunderstorm wind gust
Sunburst — 54 mph thunderstorm wind gust
Ennis — 59 mph thunderstorm wind gust
3 SSW Ennis — 52 mph thunderstorm wind gust
2 E Helena — 54 mph thunderstorm wind gust
19 E Swan Lake — 56 mph thunderstorm wind gust
2 NNW Yaak — thunderstorm wind damage – Multiple downed trees reported along Highway 2 between MM 3 and 8
3 WSW Blacktail — 53 mph thunderstorm wind gust
1 NNW Troy — 49 mph thunderstorm wind gust
5 ENE Choteau — 56 mph thunderstorm wind gust
Turah — 0.88″ hail
1 NNW Bigfork — 0.75″ hail
3 SW La Salle — 0.50″ hail
2 N Evergreen — 1.00″ hail
1 W Kalispell — 1.00″ hail
3 WNW Kalispell — 0.75″ hail
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