Montana
Montana Republican's bill would charge parents of trans kids with child abuse
For the fifth time in three years, Montana State Senator John Fuller has introduced legislation targeting transgender youth. The State Supreme Court overturned a similar law sponsored by Fuller in 2023; its renewed form may indicate the GOP’s plans for reconstructing Montana’s judiciary branch in favor of conservatism.Other prior iterations of the bill simply failed to pass. Now, he’s got his eyes set on a new target: parents of transgender kids.
Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate’s email newsletter.
Introduced on Wednesday, January 22, Senate Bill 164 would criminalize gender-affirming care—such as surgeries, puberty blockers, and hormone replacement therapy—for trans patients younger than 16 years old under child abuse statutes.
“Every major medical association in America endorses the provision of this type of care,” the ACLU of Montana’s executive director Akilah Deernose said. “This bill would mandate government overreach into private decisions that should remain between families and their treating care physician.”
Fuller, the bill’s sponsor, has a lengthy track record of trying—and failing—to enact anti-trans laws. In 2021, as a member of the Montana House, he introduced two separate bills targeting medical practitioners providing gender-affirming care for trans people, neither of which ever made it out of the legislature. He was also the architect of a ban on trans women in sports (trans men were not mentioned) that the Montana Supreme Court in part overturned in 2022.
Fuller’s 2023 version of the youth health care bill passed in the state’s House and Senate. Republican Governor Greg Gianforte signed it into law, only for state courts to deem this, too, “unconstitutional”—citing Montanans’ right to privacy.
This time, instead of a flat-out ban, Fuller’s bill reclassifies medical treatments for trans young people under Montana child abuse statutes. It specifically targets treatments “altering the appearance” of a child that seek to “affirm[. . .] the child’s perception of the child’s sex when the appearance or perception is inconsistent with the child’s biological sex.” It would fall under Montana child abuse statutes.
If the bill becomes law, Montana would be the first state in the country to explicitly criminalize parents simply for allowing a child access to gender-affirming procedures and hormone therapy.
Half of all states have already passed legal restrictions on health care for trans youth. The Oklahoma state legislature considered, but ultimately did not pass, a similar bill criminalizing parents of trans kids in 2021. Texas Governor Greg Abbott also issued a directive requiring state social services to investigate parents who let their trans children access gender-affirming treatments — however, like that of many states targeting this kind of care, the policy was blocked by the courts for violating the constitutional rights of trans people and their families.
Unlike Montana Senate Bill 164, Texas’s directive did not outright criminalize parents who support trans kids; it required an investigation, but not necessarily punishment. The only policies that have withstood the test of the judiciary thus far have targeted health care providers and state funds rather than parents, and they hang in the balance of an ongoing SCOTUS case. If Montana’s bill is passed, it could lay the groundwork for a dangerous legal precedent.
Studies have also shown that anti-trans health laws can create a medical chilling effect, impeding health care for people of all gender identities, as doctors could restrict or deny care if they even suspect a young person is or could eventually identify as trans.
Including Fuller’s proposals, Montana faced at least 10 anti-LGBTQ bills in 2023 alone. Hundreds of anti-trans bills at the state and national levels have been introduced or gained headway since then.
Fuller’s latest attempt to implement this policy in spite of the Supreme Court’s decision is more than just political theater. In addition to attacking trans kids’ access to health care, a Fuller-led coalition of Montana Republicans has set its sights on the judiciary branch. Legislators have proposed an onslaught of bills to constrict, discredit, and declaw the courts, limiting its scope and capacity for judicial review—including several bills introduced on the same day as Senate Bill 164. One such policy would remove the court’s power to accept lawyers into the bar association and instead give the ability to the governor.
The Supreme Court of Montana is selected through nonpartisan elections, where candidates cannot run under a party banner. Fuller and his allies want to change that. Only six states currently utilize partisan judge elections. And the Center for American Progress found that “partisan elections lead to more campaign contributions and increased partisanship among judges.”
According to ACLU of Montana lobbyist Henry Seaton, the efforts could amount to a power grab by the state GOP.
“One working theory is that if they are able to pass partisan judicial races, they feel that the court system will rule these unconstitutional bills more in favor of them,” Seaton said.
These efforts may be uniquely potent in Montana, but the strategy is on par with a playbook politicians are using across the country. A report from the Brennan Center for Justice found that, in 2023, there were 124 bills in 29 states “attacking the independence of courts.” The bills covered a spectrum of legal avenues that would “inject more politics into how judges are selected,” such as by allowing “judge-shopping,” enabling legislatures to cherry-pick judges for certain cases.
A December 2024 document by Fuller addressed a myriad of partisan complaints that Republicans in the Montana legislature levied against the judiciary branch. Co-signed by over a dozen Republican state legislators, the letter alleges that “the Montana Supreme Court has a long history of hostility toward the Republican Party and conservatives.” They also allege that the bar association endorsed “implicit attacks” on Republicans when a member of a private legal practice, speaking at a bar association panel, criticized the GOP and referred to Governor Gianforte as “Governor Gianforeskin.” Neither the state bar association nor Fuller’s office provided comment in time for publishing.
Laws disempowering state judiciaries could jeopardize the supposed neutrality of the courts. Mississippi, for example, enacted a law that would have “singled out” voters in a majority-Black district by creating new, state-appointed judgeships, while voters in the rest of the state would elect their judges.
The Mississippi Supreme Court overturned that law.
This article originally appeared on Erin in the Morning.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
BE THE FIRST TO COMMENT
“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”
-
World7 days agoExclusive: DeepSeek withholds latest AI model from US chipmakers including Nvidia, sources say
-
Massachusetts1 week agoMother and daughter injured in Taunton house explosion
-
Denver, CO1 week ago10 acres charred, 5 injured in Thornton grass fire, evacuation orders lifted
-
Louisiana1 week agoWildfire near Gum Swamp Road in Livingston Parish now under control; more than 200 acres burned
-
Florida4 days agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Wisconsin3 days agoSetting sail on iceboats across a frozen lake in Wisconsin
-
Maryland4 days agoAM showers Sunday in Maryland
-
Oregon5 days ago2026 OSAA Oregon Wrestling State Championship Results And Brackets – FloWrestling