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Montana DPHHS says surgery can not change a person’s sex

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Montana DPHHS says surgery can not change a person’s sex


HELENA — The Montana Division of Public Well being & Human Providers 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 courtroom order to alter the intercourse designation on their start certificates. In April, a district decide ordered a preliminary injunction, which prevented the state well being division from imposing the legislation whereas the case was fought in courtroom.

A couple of week in the past, the ACLU threatened to take authorized motion towards the state for not complying with the courtroom order. Within the ACLU’s Could 17 assertion, it mentioned the decide’s order informed the state to return to a course of created by a 2017 rule, which allowed transgender folks 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 momentary emergency rule, the courtroom’s order wasn’t clear and left the state in an “ambiguous and unsure state of affairs.” As a result of the 2021 legislation required DPHHS to do away with the 2017 guidelines the method the courtroom ordered it to return to is “nonexistent,” the state mentioned. The state additionally denied the courtroom 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 Important Statistics “ought to be accepting start certificates intercourse designation modification purposes,” based on the discover.

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

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

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

Underneath the brand new emergency rule, folks whose intercourse was misidentified at start can get a corrected start certificates with correct documentation of DNA or genetic testing. The rule additionally established a course of to right a start certificates for individuals who’s gender was recorded unsuitable, equivalent to by means of an information entry error.

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

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

“A mismatch between somebody’s gender identification and the data 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 mentioned 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.”

The 2021 legislation requiring surgical procedure and courtroom 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 authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan

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Montana authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan


Historian and author Marc Johnson gives a book talk next month about Burton K. Wheeler, “one of the most powerful politicians Montana ever produced,” as part of the Montana Historical Society’s lecture series.

Johnson will speak from 1 p.m. to 2 p.m. Wednesday, Jan. 8, at Touchmark, 915 Saddle Dr. in Helena. He will talk about his book, “Political Hell-Raiser: The Life and Times of Senator Burton K. Wheeler of Montana.”

“(Wheeler) came of political age amid antiwar and labor unrest in Butte, Montana, during World War I, battling Montana’s powerful economic interests and championing farmers and miners as a crusading United States attorney,” said the announcement from the Montana Historical Society. “Wheeler went on to become one of the most influential, and controversial, members of the United States Senate during three of the most eventful decades in American history.”

Also in January, author and University of Montana archaeology professor Douglas MacDonald will discuss his “Land of Beginnings: The Archaeology of Montana’s First Peoples.”

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The book talk takes place from 6:30 p.m. to 7:30 p.m. on Thursday, Jan. 16, at the Lewis & Clark Library, 120 S. Last Chance Gulch in Helena.

“While researchers have learned a great deal about the origins of the first people to call this region home, questions remain about which route or routes they took and when they made this journey,” said the Montana Historical Society about the book talk.

The organization also said the Original Governor’s Mansion will be open for free guided tours at noon, 1 p.m., 2 p.m. and 3 p.m. on Thursday, Dec. 26, and on Saturday, Dec. 28.

“The Queen Anne-Style mansion will be decorated for the holiday season through the weekend with surprises for visitors of all ages,” said the announcement.

For more information, contact Darby Bramble at [email protected].

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Montana Ag Network: Sleigh ride season kicks off in Montana

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Montana Ag Network: Sleigh ride season kicks off in Montana


On a frosty morning in late December, Marce Hoffman backs two huge draft horses out of a barn at the historic 320 Ranch south of Big Sky.

“Step up, step up,” Hoffman instructs the horses as he maneuvers them toward a waiting sled. It’s time to take the animals out for a turn on a trail they’ll know well by the end of the winter season. They’ll tread the path up to seven days a week during the holidays and five days a week after that. The animals strain in their harnesses, eager to pull and run.

“They’re fresh. They won’t be fresh come New Year’s, though; they’ll be all muscled up, ready to go,” said Hoffman.

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The 320 has a long history. It was homesteaded as two separate ranches more than 125 years ago.

“1912 they combined them to form 320 acres That’s how the ranch became known as the 320,” explained Hoffman as he practiced the history lesson he gives while narrating the ride through the high, narrow valley the ranch is nestled in, just outside the boundary of Yellowstone National Park.

In 1936, Bozeman doctor Carolyn McGill purchased the ranch.

Hoffman said, “She fell in love with this area on different hunting trips, trips down into the Yellowstone Park.”

You might recognize McGill’s name from somewhere else.

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“Caroline started the Museum of the Rockies in Bozeman; was actually called the McGill Museum when it first opened up,” said Hoffman.

Current owner Dave Bass purchased the ranch in 1985.

Hoffman explained that’s when the ranch really began to grow into a tourist Mecca. He said, “He (Bass) bought it up from a 20 gust capacity over 200 that we have today.” He pointed to cabins that drifted by, framed by the mountains and the Gallatin River. It’s the view guests get as they take a one-hour trail ride in the sleighs. Hoffman ticked off the sights: “You get to see Cinnamon Mountain, Burnt Top Mountain. We’ll be able to see the Spanish Peaks when we go along the Gallatin here. Looking back you’ve got a view of Monument.”

marce hoffman.jpg

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Marce Hoffman

As he drives onto a flat, straight stretch of the trail, the horses get frisky. “These guys are gonna air out right here,” he cautioned, just as the horses break into a run. It demonstrated the challenge of managing big Percheron horses around guests.

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“Our number one priority is keeping everybody safe. So we always have to be constantly looking at the equipment. As far as the people, probably the hardest part is herding them up and getting them on the sleighs,” Hoffman laughed as he allowed that it is probably harder to manage the passengers than the animals.

Sitting next to him, Head Wrangler Logan McDaniel said she enjoyed working at the ranch.

Logan McDaniel.jpg

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Logan McDaniel

“I like, of course, to drive and work with the horses but also meeting people from all around the world. You get to meet people from all different parts of life, all kind of different places,” she said. “They’re here for vacation. You get to kind of realize a little bit of people’s life story. It’s pretty cool just to meet different people.”

And the horses?

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Hoffman said, “We’re looking for good disposition, you know. We’re not looking for heavy pullers we’re just looking for horses that are pretty docile and easy-going horses. They’re not gonna win any pulling competitions here.”

But these workhorses are no slouches.

“We’ll pull 18 people no problem and these guys are big horses,” said Hoffman.

He said that translates to about 18 hands and nearly 2,000 pounds each. As the horses cool down after their workout, Hoffman wiped them down and explained how these animals cope with the harsh winters at the ranch.

“You know those horses are on hay, you know free choice grass hay and water. They do pretty well. We’ve got a lean-to for them to get out of the wind. But for the most part, you know, they’re pretty hearty animals,” he said.

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320 coach horses.jpg

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By late afternoon, as dusk descends on the ranch, guests begin to wander toward a pair of the big sleighs. They board the blanket covered seats for a ride out to the other end of the valley where a wood-floored canvass tent awaits. It’s heated and features a bar serving snacks, hot cocoa, cider, and more. A fire crackles in a pit surrounded by seats outside. After a bit of rest, the passengers will climb back into the sleds for a ride back to the ranch restaurant.

Taking in the view around them, Hoffman and McDaniel reflected on their jobs. Hoffman said, “There’s a lot of people that never seen a horse or been around horses, so it’s a good opportunity to you know, to introduce them to the horses.”

McDaniel added, “It’s cool watching people fall in love with the horses. That’s why I kind of do this. It’s to see people fall in love with horses like I do.”





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Missoula Sentinel pipeline aiding Montana State's run to FCS national championship game

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Missoula Sentinel pipeline aiding Montana State's run to FCS national championship game


MISSOULA — Montana State’s path to Frisco, Texas, for the FCS national championship has been built by Treasure State natives.

For Rylan Ortt, Adam Jones and Zac Crews, that road started with the decision to become Bobcats — and spurn the hometown Montana Grizzlies — after playing high school football at Missoula Sentinel.

Tom Wylie / MTN Sports

Montana State captain Rylan Ortt stands during the coin toss of the Bobcats’ game against Idaho in the quarterfinal round of the FCS playoffs at Bobcat Stadium in Bozeman on Friday, Dec. 13, 2024.

“Rylan was the first guy to grow up a Griz fan and make that jump over to Bozeman for a lot of different reasons,” Sentinel football coach Dane Oliver told MTN Sports. “And so that kind of laid the foundation. And I know Zac and Adam both looked up to Rylan.

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“You know how recruiting works, if they’re having a positive experience wherever they’re at, it helps when they hear from a kid that they trust and know.”

Ortt joined Montana State in 2019 after a stellar Sentinel career playing quarterback and throwing the javelin. As the Spartans’ QB, Ortt threw for 2,098 yards and rushed for 750 yards as a senior in 2018.

In the javelin, he won the 2019 Class AA state championship with a throw of 208 feet, 8 inches.

Once in Bozeman, Ortt transitioned to safety. He redshirted in 2019, and the 2020 season was canceled due to the COVID-19 pandemic. In the four years since, he has emerged as one of the leaders on a defense full of Montana guys.

This season, he leads the Bobcats with 75 total tackles. He’s also caught one interception and forced and recovered a fumble.

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“He sacrificed a lot for our (Sentinel) program just having to play quarterback,” said Oliver, who played for the Grizzlies and was a member of their last national title team in 2001. “And hopefully that’s helped him being a safety, and maybe the knowledge you gain from the quarterback perspective has allowed him to have success at that level.”

While Ortt has been a stalwart in MSU’s secondary, Jones has had a breakout season on offense. He burst onto the scene in the Bobcats’ season-opening come-from-behind win at FBS New Mexico when he rushed for 167 yards, including a 93-yard touchdown that sparked the fourth-quarter comeback.

Jones this season has become the most prolific freshman runner in program history, rushing for 1,134 yards and 14 touchdowns. Against Idaho in the quarterfinals of the FCS playoffs, Jones accounted for 95 yards and four touchdowns with starting running back Scottre Humphrey sidelined.

“He’s got all the traits of what it takes to be great,” Oliver said of Jones. “You know, (Jones is successful) maybe a little earlier than I expected. I think the thing that Adam had going for him (in high school) was he was a three-sport athlete. You know, he was a heck of a baseball player, did hockey and football.

“He was always physical. … He’s got the hockey nature, so he’s not afraid of contact. But he’s put on some weight. He can finish runs, always falls forward, he’s got great vision. He’s got all the qualities of a back.”

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Montana State vs. South Dakota

Slim Kimmel / MTN Sports

Montana State’s Adam Jones (23) and Zack Black (50) celebrate after the Bobcats defeated South Dakota in a semifinal game of the FCS playoffs at Bobcat Stadium in Bozeman on Saturday, Dec. 21, 2024.

Jones, Crews and fellow Cats Dylan Rollins and J.J. Dolan each played a part in helping Sentinel win Class AA state football championships in 2020 and 2021. Prior to the 2020 title, the Spartans’ last championship came in 1972.

Crews, a sophomore, has turned into a contributor on the defensive line with 24 total tackles and 2.5 sacks.

Dolan is a redshirt freshman, and Rollins, the 2020 Gatorade Montana player of the year and a 2021 Sentinel grad, is a freshman after beginning his college career at BYU and serving an LDS mission.

Now they’re all part of an MSU program aiming to end its own drought and win its first national championship since 1984.

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“It’s fun to see them go on to be successful, not just the ones that play college football,” Oliver said. “It’s made me realize why I do this. It takes a lot of time and energy to coach high school football.

“So, just to see them grow into young men and have success and be fulfilled in it, whatever career they choose, and those guys are doing it on a public stage, and so obviously super rewarding for myself and all our staff to see the success they’re having.”

Montana State (15-0) will play North Dakota State (13-2) for the FCS national championship on Jan. 6.





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