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Montana DPHHS issues rule saying surgery cannot change a person’s sex

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Montana DPHHS issues rule saying surgery cannot change a person’s sex


HELENA — The Montana Division of Public Well being and Human Companies issued an emergency rule Monday that eradicated any path for transgender Montanans to alter the intercourse on their start certificates.

The rule, which took fast impact, is one other improvement in an ongoing authorized battle between the state and two transgender Montanans, who’re represented by the ACLU of Montana. The lawsuit is over the constitutionality of a 2021 state legislation, which required transgender Montanans to get surgical procedure and a court docket order to alter the intercourse designation on their start certificates. In April, a district choose ordered a preliminary injunction, which prevented the state well being division from imposing the legislation whereas the case was fought in court docket.

A couple of week in the past, the ACLU threatened to take authorized motion in opposition to the state for not complying with the court docket order. Within the ACLU’s Could 17 assertion, it stated the choose’s order informed the state to return to a course of created by a 2017 rule, which allowed transgender individuals to get an up to date start certificates after submitting an affidavit and a gender designation kind.

Nevertheless, within the state well being division’s discover of adoption of non permanent emergency rule, the court docket’s order wasn’t clear and left the state in an “ambiguous and unsure scenario.” As a result of the 2021 legislation required DPHHS to eliminate the 2017 guidelines the method the court docket ordered it to return to is “nonexistent,” the state stated. The state additionally denied the court docket issued a compulsory order to return to the 2017 course of.

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The state well being division justified the emergency rule due to the “notion” the state’s Workplace of Very important Statistics “must be accepting start certificates intercourse designation modification purposes,” based on the discover.

The state well being division stated it thought-about one other a part of the court docket’s order, which stated “that ‘no surgical procedure modifications an individual’s intercourse’ however that surgical procedure ‘aligns an individual’s physique and lived in expertise with the individual’s gender identification,’” based on the emergency rule.

The state well being division stated it concluded the 2021 legislation’s premise “that a person’s intercourse might be modified by surgical procedure — was mistaken.”

“Accordingly, this emergency rule doesn’t authorize the modification of the intercourse recognized/cited on a start certificates based mostly on gender transition, gender identification, or change of gender,” based on the emergency rule issued by the state well being division.

Learn the total textual content on the emergency rule.

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Within the new emergency rule, individuals who’s intercourse was misidentified at start, they will get a corrected start certificates with correct documentation of DNA or genetic testing. The rule additionally established a course of to appropriate a start certificates for individuals who’s gender was recorded incorrect, reminiscent of by a knowledge entry error.

Neither the state well being division nor the ACLU of Montana responded instantly to requests for remark.

Yellowstone County District Courtroom Decide Michael G. Moses order granting the preliminary injunction stated, “transgender people who find themselves denied correct start certificates are disadvantaged of serious management over” how they disclose their transgender identification. A mismatch between an individual’s gender identification and the knowledge on their start certificates additionally topics transgender individuals to discrimination and harassment at work, on the physician’s workplace and in interactions with authorities officers, the order stated.

“A mismatch between somebody’s gender identification and the knowledge on their start certificates might even topic them to violence,” based on the order.

“The truth that the state refused to revert to the earlier processes,” the ACLU stated in its assertion final week. “Evidences its lack of respect for the judiciary and utter disregard for the transgender Montanans who search to have a start certificates that precisely signifies what they know their intercourse to be.”

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The 2021 legislation requiring surgical procedure and court docket proceedings to alter an individual’s intercourse on their start certificates was created by Senate Invoice 280. The invoice handed the 2021 Montana Legislature by three votes within the Senate and eight within the Home. All “sure” votes got here from Republican lawmakers. Gov. Greg Gianforte signed the invoice into legislation in April 2021.





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Montana

Like its Montana setting, Kevin Barry’s novel is brutal and gorgeous

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Like its Montana setting, Kevin Barry’s novel is brutal and gorgeous


TOM ROURKE is a dope fiend with one foot already in the grave. He fancies himself a poet; the rest of Butte, Montana, fancies him a “mad little Irish motherfucker”. When he meets Polly Gillespie, newly wed to another man, both feel something shift. They don’t loiter long in Butte. The lovers strike out together for Pocatello, Idaho, from which they plan to ride the rails to San Francisco—and to freedom.

From the very beginning of “The Heart in Winter”, a tragedy seems to be in the offing. This is typical of Kevin Barry, who writes lyrically of melancholic Irishmen. His previous book, “Night Boat to Tangier”, about two aged gangsters, was longlisted for the Booker prize in 2019. In this new novel, as in that one, a sense of foreboding is shot through with dark humour.



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Blues Traveler/JJ Grey & Mofro an Insanely Good Match for Montana

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Blues Traveler/JJ Grey & Mofro an Insanely Good Match for Montana


The Kettlehouse Amphitheater will be rockin’ with the most perfect co-headlining show on July 9th. This is the kind of rockin’ show, packed with songs you know, that creates the kind of Montana live show memories that last forever.

  • WHO: Blues Traveler and JJ Grey & Mofro (co-headlining tour)
  • GENRE OF MUSIC: Pop, Rock, Blues, Jam
  • HOMETOWN: Princeton, NJ | Jacksonville, FL
  • WHERE: KettleHouse Amphitheater (605 Coldsmoke Lane, Bonner MT)
  • WHEN: Tuesday, July 9th, 2024
  • TIME: Doors 6:00pm // Show 7:00pm
  • TICKETS: General Admission standing pit tickets, reserved stadium seating tickets, and general admission lawn tickets are available for this show. (Link and ticket prices are below.)

“Blues Traveler continue to resonate as loudly as ever among audiences nearly four decades since their emergence. It’s why their catalog endures, comprising three gold-selling records, one platinum LP, and the 6x-platinum opus Four highlighted by the GRAMMY® Award-winning “Run Around.” It’s why they can still roll through any town on tour and pack a shed or amphitheater. It’s why they even notched their most recent GRAMMY® nod in 2022.”

$55.00 General Admission Pit (subject to fees) | General admission pit tickets allow access to the standing room only section located directly in front of the stage.

$45.00 – $65.00 Reserved Stadium Seating (subject to fees) | Reserved Stadium Seating tickets allow access to the reserved, stadium style seating section located just behind the main pit of the amphitheater.

$37.00 General Admission Lawn (subject to fees) | General Admission Lawn tickets allow access to the upper standing section of the amphitheater located just above the reserved stadium seating section.

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All concerts are held rain or shine. Be prepared for extremes such as sunshine, heat, wind or rain. All tickets are non-refundable for the Kettlehouse Amphitheater. This is an all ages show (as are most shows at the Kettlehouse.)

BUY TICKETS FOR BLUES TRAVELER AND JJ GREY & MOFRO HERE

TRAVEL: How To Enjoy Beautiful Seattle On A Budget

Gallery Credit: mwolfe

These 8 Montana Restaurants Make Excellent Fish Tacos

Gallery Credit: mwolfe





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University of Montana graduate students from new union, one of largest in state • Daily Montanan

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University of Montana graduate students from new union, one of largest in state • Daily Montanan


Graduate students at the University of Montana in Missoula have formed a union after two years of organizing, and with more than 400 eligible members, it will be one of the largest in the state.

The Department of Labor and Industry certified the UM Graduate Employees Union last week, according to the Montana Federation of Public Employees.

“Our organizing message was simple,” said Colette Berg, an organizing lead and UM graduate employee, in a statement from MFPE. “Graduate employees’ wages, benefits, and working conditions aren’t keeping up with Missoula’s cost of living or honoring our roles in research, teaching, and learning. Everyone realizes we’re a lynchpin for UM, and we look forward to bargaining collectively with UM’s leadership to collaboratively address the challenges GEU members face.”

The labor movement has been active in the U.S. in recent years, including in Missoula, where the cost of housing has far outpaced wages. However, the proportion of workers who belong to a union has generally declined in the country during the last couple of decades.

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Graduate students are especially difficult to organize because they are spread across a campus and work on different contracts that can range from two to five years, according to the Montana Federation of Public Employees.

According to the Montana State University Graduate Employee Organization in Bozeman, they’re also not easy to sustain. The Graduate Employee Organization counts 169 members.

MSU Graduate Employee Organization President M Wittkop said a graduate student union has challenges that are different from other locals. That’s because a campus union is made up of students — whose members by definition are constantly graduating and moving on.

MSU graduates formed their student union in 2015, according to the Office of the Commissioner of Higher Education. Bozeman also has notoriously high housing costs.

A report from an April 2024 graduate union assembly in Bozeman said the local will need new members in order to avoid dissolution. However, Wittkop also said the union has driven significant wins for its members, including in 2023.

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“We got one of the biggest raises across the board for all graduates,” Wittkop said.

The increase amounts to roughly $100 more a month for the minimum allowable stipend a graduate student can be paid, or currently $760 a month, they said. The minimum will go up another $100 on Aug. 1.

“We also put in more strict limits on how many classes a TA (teaching assistant) can be assigned and changed language around work environment to protect students against ‘PI abuse,’” Wittkop said.

(That’s the potential abuse of power a thesis advisor or PI, a principal investigator, might enact over a student, they said.)

The graduate union also completed a cost of living survey, which among other things, showed 45% of respondents had skipped “necessary medical care” to save money, and 46% had skipped meals or eaten less to save money.

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Additionally, the survey found 57% of graduate students needed second jobs, such as pet sitting, while in school. Of 826 graduate assistants, 184 responded to the 2024 survey, according to the union.

Wittkop said they believe the union has the potential for longevity if it can find new members, but the current challenge is broadcasting its existence.

“We’re going to have to really put in the work to find these people,” Wittkop said.

The Montana University System already counts 23 collective bargaining agreements covering roughly 2,374 people of an estimated 9,000 total employees, according to the Office of the Commissioner of Higher Education. That doesn’t include the new union at UM.

Faculty at the Bozeman campus formed a union that was approved in 2011 but then decertified in April 2013, according to the Commissioner’s Office.

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At UM, a faculty union and classified staff union have long been active, and MFPE President Amanda Curtis said the organization looks forward to supporting the new graduate student union as well. Berg could not be reached for additional comment.

“We are so proud of the graduate employees at UM who have now organized and certified Montana’s largest new union in years,” Curtis said in a statement. “Their commitment to ensuring graduate employees have a strong voice in their working conditions and wages is what unionism is all about.”

A couple of years ago, the Missoula Tenants Union formed in the Garden City, and nurses at Providence St. Patrick Hospital recently — and visibly — renegotiated their contract; signs advocating support for the nurses popped up across the community.

The Montana Federation of Public Employees said collective bargaining at UM has been marked by a respectful and fair relationship between union members and university leadership for decades.

In an email, UM spokesperson Dave Kuntz said the university worked with the Department of Labor and Industry and the Commissioner’s Office throughout the process — clearly defined in statute — with graduate students.

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“Graduate students are critical to UM,” Kuntz said in an email. “Their scholarship, research, and teaching help to advance our entire state and address many of the most pressing issues facing society.”

The labor movement has been historically strong in Montana. Last year, roughly 13% of workers were represented by a union compared to roughly 10% of those in the U.S., according to U.S. Bureau of Labor Statistics.

The news release from Montana Federation of Public Employees said the state certified the new Graduate Employees Union at UM on June 25, and it is MFPE’s newest local with “full collective bargaining rights to secure a fair contract.”



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