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.
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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
SLIDESHOW: Severe storms moved through western Montana on Thursday
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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Montana
Las Vegas man sentenced after Helena coin shop burglary in Montana
LAS VEGAS (KSNV) — A man from Las Vegas has been sentenced after stealing coins and precious metals from a Helena shop in Montana.
This comes after Bishop Lott, 47, pleaded guilty in January to one count of interstate transportation of stolen property.
A judge sentenced Lott on Thursday to 27 months in prison, followed by three years of supervised release. He was also ordered to pay $276,153.08 in restitution to the Helena business as well as five other theft victims.
MORE | Southern California man pleads guilty to importing, trafficking 70 pounds of ketamine
The government alleged in court documents that Lott, along with Ricky Rynell Rose, broke into Wayne Miller Coins in Helena and stole nearly $59,000 in coins and precious metals from a Helena business.
Rose pleaded guilty last year and was sentenced to 39 months in prison.
The Helena Police Department received a call on March 3, 2024, reporting that Wayne Miller Coins had been burglarized earlier that day.
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As part of their investigation, Helena police officers reviewed surveillance footage from multiple businesses. They analyzed email account data, which led them to Lott and Rose, who had taken the stolen material to Nevada.
Montana
A battle over dark money is brewing in Hawaii and Montana
Political spending that is funneled into elections from a variety of nonprofits is known as dark money — and unlike campaign spending or the money deployed by PACs and super PACs, these sources are not required to disclose their donors. Following the Supreme Court’s 2010 Citizens United decision, which created the country’s current election spending landscape, this has ramped up dramatically, with the 2024 election seeing a record $1.9 billion in dark money spending, nearly double the $1 billion spent in 2020. Now, some campaign finance reformers think they’ve found a state-level reform that can rein in this spending.
Now, campaign finance reformers think they’ve found a solution, and it’s already in place in Hawaii.
A newly enacted corporate law, SB 2471, changes the powers that corporations, or other artificial persons like nonprofits, are granted by the state of Hawaii. In the United States, states grant artificial persons powers as part of an agreement that allows those artificial persons to operate in the state. SB 2471 works by changing the powers that Hawaii grants these entities to disallow them from spending on politics at all.
Tom Moore, a senior fellow at the Center for American Progress and former chief of staff to Federal Election Commission commissioner Ellen Weintraub, told Salon that the law operates upstream of Citizens United by dealing with the powers granted to corporations and other artificial persons, rather than trying to regulate what they can and cannot do with those powers.
“Citizens United said, ‘Hey, if you’re a corporation that is empowered to spend in politics, your right to spend independently in politics can’t be infringed,’” Moore said. “Fine. What this [Hawaiian law] does is say, ‘You know, we’re not going to create that kind of corporation anymore. We’re going to create the kind of corporation that doesn’t have any political spending powers.’ Citizens United and all the other campaign finance cases that the courts have ever decided do not speak to that.”
In his analysis, Moore said this strategy also has a better chance of standing up to scrutiny from the Supreme Court because courts have long upheld a state’s ability to assign powers to corporations operating within their borders, going back hundreds of years.
“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks.”
“The Supreme Court has said for 200 years that the states can do whatever they want in terms of assigning powers to corporations. They made a fatal assumption in Citizens United that 100 years ago, when states gave away all the powers and said, ‘You can do anything that a human could do,’ they assumed that states would never change their mind on that,” Moore said. “But they never said the states couldn’t change their mind on that, and now they are.”
For example, a recent court ruling in Delaware allowed a change to a town charter that would allow corporations to vote there under some circumstances.
Moore believes that this Hawaiian law, and others like it in the works in other states, have a good chance of surviving at the Supreme Court. However, some critics disagree, saying this legal maneuver is likely to be struck down.
Brad Smith, the chairman and founder of the Institute for Free Speech, a nonprofit that advocates against limits on political speech, including political spending, called the move an “end run” around Citizens United.
“They’re gimmicks, and the Supreme Court is not usually impressed by gimmicks. If you want to do it, you probably have to change the makeup of the Supreme Court or be willing to pack the court and have the political muscle to do it,” Smith said.
In his opinion, the court is likely to see Hawaii’s law as a violation of the First Amendment and is unlikely to look favorably on the argument that these laws deal with powers rather than with rights and that this has to do with how corporations have changed in the past 200 years.
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Smith explained that in the past, states used to create bespoke statutes for corporations to do something like operate a ferry or a toll bridge. These days, however, the laws governing corporations are more uniform.
“That’s just not how corporations operate in the modern world,” Smith said.
Smith added that he suspects the court will see this law as conditioning the creation of a corporation, or similar artificial person, on forfeiting the right of the people forming a corporation to political speech in the form of spending.
“You could not have the state say we’re going to allow you to register your home, but only if you agree that you won’t spend any money from your home equity line of credit on any kind of political activity,” Smith said. “You can’t deny people the benefits of the law based on a determination that they give up some type of constitutional rights.”
Notably, under Hawaii’s law, the people who form corporations are still allowed to engage in political spending; it’s just that the artificial person in question is disallowed. Still, Smith said, he believes the court will still see the law as unconstitutional.
What’s clear is that this new law, or one like it, will likely be headed to the Supreme Court and that’s because there are already other states where people are mobilizing to create similar laws.
Jeff Mangan, the founder and president of the Transparent Election Initiative, is already spearheading an effort to get a similar statute on the ballot in Montana in 2026, telling Salon that the group is only about 1,000 signatures away from meeting the petition requirements, with four weeks left.
“It’s an all-volunteer effort in Montana, we don’t have any paid signature gatherers, and it’s something that hasn’t been seen in a couple of decades here,” Mangan said.
While election finance reform is typically seen as a progressive issue, Mangan said that the initiative has been well-received by Montanans of all political leanings and that he’s optimistic that the measure will pass, though he’s expecting a significant political battle once the ballot measure is approved.
“We start with a very simple question: Do you believe there’s too much money in politics?” Mangan said. “Citizens will say ‘Yes,’ and they may not agree exactly what the solution is, but we can all agree that there’s too much money in politics.”
Mangan acknowledged that the law, if passed in Montana, would be limited in that it only addresses dark money, which is a relatively small portion of political spending. While 2024 saw nearly $2 billion in dark money spent, it saw some $15 billion in outside political spending, according to the election spending watchdog OpenSecrets. Still, Mangan said, he’s already had organizers in all 50 states reach out expressing interest in the project and in starting similar efforts in their home states.
The Montana measure has also already survived a legal challenge at the Montana Supreme Court, which makes organizers optimistic that the law will survive a federal challenge. The court ruled that the law was not an infringement of rights because the law “speaks only to powers, not rights, and it does not expressly revoke any constitutional rights.”
Still, Mangan expects that his group and the supporters of the measure will have to fight tooth and nail to get the bill passed via referendum if and when it appears on the ballot in November.
“It’ll certainly be a David versus Goliath battle. They’ve already started. The Chamber of Commerce and industry groups attempted to stop the initiative right at the beginning of the signature-gathering phase. They sued the state to stop us from gathering signatures. They were unsuccessful,” Mangan said. “We expect litigation at every step of the way through this, not to mention whatever political campaign they choose to throw at us, and I would imagine it’ll be expensive and immense. It almost makes our point. Exactly the reason we need the Montana plan is because of exactly what we’re seeing being thrown against us.”
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