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.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 9, 2026, results for each game:
Winning Big Sky Bonus numbers from July 9 drawing
08-21-24-29, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from July 9 drawing
02-15-22-54-58, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
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.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
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.
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists…
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists out of the party ranks.
Lewis and Clark County District Judge Michael F. McMahon issued the restraining order Wednesday morning. The order had been requested by county precinct committees and officers suing the state party organization over the new bylaws. The plaintiffs are the Yellowstone County Republican Central Committee, the Choteau County Republican Central Committee, and individual committee members Jeff Essmann, Ted Kronebusch, James Wilson and state Rep. Brad Barker, R-Red Lodge.
At issue are bylaws passed during MTGOP’s June platform convention that the litigating party members say amount to “fraudulent and corrupt practices.” The new bylaws require members to pay $20 in annual membership dues and pledge a loyalty oath, and subject members to removal from elected party positions for nonpayment of dues or for “conduct deemed inconsistent with party purposes,” as determined by executive party party officers. The new bylaws allow charges for removal to be brought by any 20 official Republican Party members.
Montana Republican Party Chairman Art Wittich, the only official spokesperson for the state party, has not responded to voicemails and texts sent to his cell phone Wednesday. Wittich, elected party chairman in June 2025, has long been emphatic about exposing “Democrats disguised as Republicans” — for Wittich a now decade-old battle that spun into a bitter multimillion-dollar war between party hardliners and relative centrists in this spring’s Republican legislative primaries.
The centrists drew the ire of the hardliners in 2025 by collaborating with Republican Gov. Greg Gianforte and legislative Democrats to pass a balanced state budget and key pieces of legislation, including increased taxes on second homes and property tax reductions for primary residences and small businesses.
What constitutes disqualifying conduct isn’t fully spelled out in the bylaws, but they do specify that “collaborating with Democrats” in the Legislature, the governor’s office, the courts, or elections can get members disciplined or removed.
The lawsuit alleges that “The 2026 bylaws empower a small group within the party to revoke Republican affiliation from candidates or office holders, undoing primary nominations by the electorate.”
The plaintiffs argue that Montana voters, not party bylaws, should determine who represents the Republican Party in general elections and who represents voting precincts on the publicly elected county-level Republican committees that coordinate local political activity.
The Montana Legislature in 2019 passed a bill protecting publicly elected party precinct committee officers from being arbitrarily removed from office and defined attempts to do so as “fraudulent and corrupt practices.” That law, sparked by Republican Party infighting 10 years ago, is the foundation of the current lawsuit.
There has been a surge of public interest in Republican precinct-level politics following a perceived lack of support by party hardliners for Republican candidates in conservative strongholds like Flathead County, where more than 60 new precinct committeemen and committeewomen were elected in June. That wave of new officers was preceded by Flathead County Republican Central Committee members considering an endorsement of Libertarian Sid Daoud for Kalispell mayor over Republican Kisa Davison in late 2025. The Kalispell mayor’s race is nonpartisan, but Republicans have gone to court to secure the party’s right to endorse candidates in nonpartisan races.
Wittich’s own campaign for precinct committeeman representing Whitefish was a casualty of that new wave of public interest. He lost to Republican Giuseppe “G-man” Caltabiano, who serves on the Whitefish City Council.
Caltabiano’s wife, Roxanne Ross, defeated Candace Wittich, wife of the Republican chair, in the same election.
State law gives precinct officers two-year terms and specifies that they can be removed only for death, written resignation or loss of residency. The new bylaws state that participation in party governance, including service as a precinct official, “is a privilege of association, not a right conferred by public office or candidacy. Members must act in good faith to support the Party’s purpose and must not engage in conduct materially inconsistent with the Party’s interests, including conduct that undermines its platform, policy positions, election operations, or internal governance.”
The recent changes to the party bylaws allow precinct officeholders to be suspended from voting in party matters and replaced by party leadership for noncompliance. Empty precinct seats can be filled by the Republican Party chair.
“Every Republican candidate sells their version of Republicanism to the people in a primary campaign, and the voter chooses which version to buy,” the lawsuit states. “The party cannot dictate what brands of Republicanism are on the market.”
Former MTGOP chair Jeff Essmann, a plaintiff who is also a long-serving precinct officer, said in his affidavit that members of the Republican State Central Committee weren’t given a required notification about attempts to amend the bylaws. He said he would have attended the platform convention and argued against amending the bylaws if he had known.
“The 2026 Bylaws empower any twenty members of the Party to recommend any other member of the Party for expulsion from the party, to be determined by the State Central Committee, even people who do not reside in Yellowstone County and who have never met me,” Essmann said in the affidavit.
Other central committee members produced pre-convention emails about potential changes to the bylaws, but no details about the amendments.
In issuing the order, McMahon indicated that Republicans challenging the bylaws are likely to succeed. He set a July 13 hearing on whether to make the order permanent.
“Plaintiffs have shown a likelihood of success on the merits of their claims that the challenged provisions are inconsistent with Montana election law and constitutional protections governing candidacy, nomination, speech, association, due process, and elected precinct committee representatives,” McMahon ruled.
___
This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.
Copyright
© 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 8, 2026, results for each game:
Winning Powerball numbers from July 8 drawing
12-29-37-43-55, Powerball: 18, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from July 8 drawing
17-26-31-32-37, Star Ball: 01, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from July 8 drawing
03-13-16-17, Bonus: 10
Check Big Sky Bonus payouts and previous drawings here.
Winning Powerball Double Play numbers from July 8 drawing
06-27-33-44-69, Powerball: 23
Check Powerball Double Play payouts and previous drawings here.
Winning Montana Cash numbers from July 8 drawing
08-16-17-22-27
Check Montana Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from July 8 drawing
16-18-43-48-50, Bonus: 01
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
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.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
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.
-
Health8 minutes agoGLP-1 Users’ Guide to Protein Snacks: Here’s What a Dietitian Actually Recommends
-
Lifestyle23 minutes ago‘The Invite’ is a marriage comedy with sex and heart
-
Technology35 minutes agoI spent a week using the Trump phone — it sucks
-
World38 minutes agoWith US unleashing attacks, Iranian official threatens that the Islamic Republic will deliver a ‘hard slap’
-
Politics43 minutes agoWATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices
-
Health50 minutes agoCoffee may have powerful effect on liver health, major study suggests
-
Sports53 minutes agoOba Femi vs Brock Lesnar at SummerSlam is a ‘generational matchup,’ WWE legend JBL says
-
Business1 hour agoBillionaire exodus? California drew 10 times more venture capital than any other state this year
