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Montana Supreme Court seeks response from ACLU in birth certificate litigation – Daily Montanan

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Montana Supreme Court seeks response from ACLU in birth certificate litigation – Daily Montanan


Montana’s Supreme Court docket is giving the ACLU of Montana on behalf of plaintiffs 20 days to file a response to the state’s petition to strike down a decrease courtroom’s order that the well being division wanted to allow gender marker adjustments on start certificates.

The courtroom is contemplating the petition for writ of supervisory management submitted by the state’s well being division final week, in accordance with the most recent submitting on Thursday.

Final Friday, the state well being division requested the Montana Supreme Court docket droop a Yellowstone County District Court docket decide’s order that required the Division of Public Well being and Human Providers return to processing purposes for transgender Montanans to alter the gender markers on their start certificates. The courtroom stated a 2017 rule permitting purposes to be submitted by way of a web based type was the “establishment” previous to litigation and ought to be adopted by DPHHS because the case proceeded.

The state argued partly that the decrease courtroom “lacks authority” to order the division to return to the 2017 rule.

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“Having reviewed the Petition and the challenged Order, this Court docket deems it applicable to acquire a abstract response. We’ll revisit the problem of keep after acquiring responses,” the Thursday submitting from the Supreme Court docket learn.

Supreme Court docket Clerk Bowen Greenwood stated the courtroom has a number of choices, together with granting the state’s request or permitting the case to proceed within the decrease courtroom. 

“Supervisory management does imply they may do any variety of issues, however the more than likely two outcomes are they do what the state has requested for or simply go away issues as they’re,” Greenwood stated.

This improvement stems from a lawsuit over SB 280, which required transgender Montanans endure surgical procedure to have the ability to replace their start certificates. The case was introduced by two transgender Montanans represented by the ACLU of Montana.

For now, Montanans can apply to alter the gender marker on their start certificates by way of DPHHS, nonetheless, the division stated it might take months to course of.

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FWP to repeal rule requiring liaison with nonprofits

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FWP to repeal rule requiring liaison with nonprofits


Laura Lundquist

(Missoula Current) Partly due to an ongoing lawsuit, Montana Fish, Wildlife and Parks wants to eliminate a decades-old rule requiring the department to consult with citizen organizations on its projects and responsibilities.

On Friday, FWP will take verbal comment on the elimination of a rule that requires the department to maintain liaison with citizen organizations active in wildlife and sportsmen’s issues.

Written in 1976, the rule says staff will participate formally or informally with various groups, including “Montana Wildlife Federation, Montana Wilderness Association, Audubon Society, Ducks Unlimited, Trout Unlimited, Sierra Club, Environmental Information Center, Northern Rockies Action Group, various state and local outfitter and guide organizations, local unaffiliated rod and gun clubs, or any other citizen organization.”

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The Feb. 8 release announcing Friday’s meeting said FWP wants to repeal the rule, because “it is archaic and no longer reflects how the commission or the department engages with the public in decision-making processes.”

At first blush, the repeal might appear to be an attempt to reduce public participation in the department’s decisions.

Jim Vashro, a retired FWP regional fisheries manager, said FWP manages a public trust – wildlife – for all citizens, so it needs all the communication tools it can get. He sees the rule as important to maintaining the exchange of ideas with the various groups and building understanding and support for proposals from both sides.

“It’s critical that (FWP staff) engage with the people who use the resource,” Vashro said. “Communication is always key. The department would probably still do communication (if the rule is repealed), but it’s nice having that ARM rule just in case something happens.”

During the past few years, there have been several examples of proposals that the department had to walk back because it didn’t ask for input from sportsmen first. For example, the commission had to reverse a 2022 decision to put a daily limit on the number of kokanee caught in Georgetown Lake after fishermen protested.

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Another example was when hunters pushed back against a December 2021 proposal to reduce by half the number of special either-sex elk permits and restrict them to public land in eight elk districts in eastern Montana that are over population objectives. During the commission meeting, more than 40 hunters from various groups spoke against the proposal, which many suspected had a connection to the United Property Owners of Montana, a small but deep-pocketed private-property-rights group.

Some concerns about limited public information and input were validated when, during an October 2023 court settlement of a lawsuit alleging that the FWP commission lacked transparency, FWP attorneys acknowledged that the commission’s secretive practices constituted constitutional violations of public participation and the public’s right to know.

The final decree required the commission to attend training on open-meeting laws, post all public comments on proposals, and use only public-issued email addresses and telephones for commission business.

“It just shows that people care about how decisions are made. Without the rule, (FWP) could merely listen to one group, just make a decision, and there’d be no recourse for the other groups,” Vashro said. “Now I agree that, more and more, they use online resources, and in many cases, that’s a good way to meet. But it doesn’t promote good conversation – it’s kind of a one-sided deal.”

But some sportsmen’s groups are not so sure that the rule is still needed. Some say that the rule doesn’t keep FWP from listening to just one group. And now, there are so many more organizations and diverse demands in Montana than what existed in 1976 that interacting with them all is almost impossible. But one group in particular has complained that FWP violated the rule because it hasn’t interacted with them: the United Property Owners of Montana.

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Following the previously mentioned December 2021 meeting where resident hunters helped defeat the elk tag proposal, the United Property Owners of Montana sued FWP and the FWP commission in April 2022. They alleged that FWP has failed to keep the elk population under control and that the FWP commission made an unlawful decision in February 2022 when it voted to maintain a limit on the number of hunting permits in nine eastern Montana hunting districts, all of which surround the Upper Missouri River Breaks National Monument.

In June 2022, a coalition of Montana hunting and conservation groups filed to intervene on behalf of Montana Fish, Wildlife & Parks against the United Property Owners of Montana. The coalition includes Missoula’s Hellgate Hunters and Anglers, Helena Hunters and Anglers, Montana Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association and Skyline Sportsmen.

The case has moved slowly since then, although oral arguments are finally slated for the end of the month in Fergus County. One of the claims that the United Property Owners of Montana has made in the lawsuit is that FWP staff have never attended one of their meetings, therefore it violated the rule.

If the rule is repealed, that claim becomes moot. And it avoids the risk that other groups would challenge the department with similar claims. Some sportsmen see value in that and dismiss concerns about any loss of communication, saying that groups can still reach out to department staff or submit public comments, as long as FWP adheres to Montana’s public participation laws. Only time would tell if the department or Montanans would notice a difference.

FWP did not respond to requests for comment. FWP paralegal Regina Reynolds has been scheduled to conduct the online hearing on Friday at 10 a.m.  FWP will accept written comments until March 25.

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Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.





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Montana State faces Grambling in First 4 matchup

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Montana State faces Grambling in First 4 matchup


Grambling Tigers (20-14, 17-4 SWAC) vs. Montana State Bobcats (17-17, 12-9 Big Sky)

Dayton, Ohio; Wednesday, 6:40 p.m. EDT

FANDUEL SPORTSBOOK LINE: Bobcats -4; over/under is 134.5

BOTTOM LINE: Montana State plays Grambling in the First Four round of the NCAA Tournament.

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The Bobcats have gone 12-9 against Big Sky opponents, with a 5-8 record in non-conference play. Montana State ranks fifth in the Big Sky with 13.1 assists per game led by Eddie Turner III averaging 3.7.

The Tigers’ record in SWAC action is 17-4. Grambling gives up 69.0 points to opponents while being outscored by 1.4 points per game.

Montana State averages 75.1 points, 6.1 more per game than the 69.0 Grambling allows. Grambling’s 44.0% shooting percentage from the field this season is 2.5 percentage points lower than Montana State has given up to its opponents (46.5%).

TOP PERFORMERS: Robert Ford III averages 2.3 made 3-pointers per game for the Bobcats, scoring 15.9 points while shooting 42.6% from beyond the arc. Turner is shooting 44.3% and averaging 13.3 points over the past 10 games.

Tra’Michael Moton is averaging 11.8 points and 1.7 steals for the Tigers. Jourdan Smith is averaging 11.7 points and 4.6 rebounds while shooting 52.1% over the last 10 games.

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LAST 10 GAMES: Bobcats: 6-4, averaging 76.7 points, 31.1 rebounds, 12.7 assists, 8.0 steals and 3.0 blocks per game while shooting 47.6% from the field. Their opponents have averaged 74.0 points per game.

Tigers: 9-1, averaging 71.0 points, 33.3 rebounds, 11.0 assists, 6.7 steals and 3.7 blocks per game while shooting 47.2% from the field. Their opponents have averaged 65.1 points.

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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Grambling vs. Montana State Predictions & Picks – NCAA Tournament First Four

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Grambling vs. Montana State Predictions & Picks – NCAA Tournament First Four


Wednesday’s game features the Montana State Bobcats (17-17) and the Grambling Tigers (20-14) clashing at UD Arena in what should be a close matchup, with a projected 71-70 win for Montana State according to our computer prediction. Game time is at 6:40 PM ET on March 20.

According to our computer prediction, Grambling is projected to cover the point spread (3.5) against Montana State. The two sides are projected to exceed the 135.5 total.

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Grambling vs. Montana State Game Info & Odds

  • Date: Wednesday, March 20, 2024
  • Time: 6:40 PM ET
  • TV: truTV
  • Where: Dayton, Ohio
  • Venue: UD Arena
  • Line: Montana State -3.5
  • Point Total: 135.5
  • Moneyline (To Win): Montana State -185, Grambling +150

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Grambling vs. Montana State Score Prediction

  • Prediction:
    Montana State 71, Grambling 70

Spread & Total Prediction for Grambling vs. Montana State

  • Pick ATS: Grambling (+3.5)
  • Pick OU: Over (135.5)

Montana State’s record against the spread so far this season is 16-15-0, while Grambling’s is 16-14-0. In terms of going over the point total, games involving the Bobcats are 17-14-0 and the Tigers are 15-15-0. The two teams score an average of 142.7 points per game, 7.2 more points than this matchup’s total. Over the last 10 contests, Montana State has a 6-4 record against the spread while going 6-4 overall. Grambling has gone 7-3 against the spread and 9-1 overall in its last 10 matches.

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Grambling Performance Insights

  • The Tigers’ -49 scoring differential (being outscored by 1.4 points per game) is a result of putting up 67.6 points per game (318th in college basketball) while allowing 69 per outing (85th in college basketball).
  • Grambling ranks 332nd in college basketball at 32.2 rebounds per game. That’s similar to the 33.2 its opponents average.
  • Grambling connects on 5.2 three-pointers per game (346th in college basketball) at a 33.9% rate (186th in college basketball), compared to the 6.5 per outing its opponents make, shooting 33.9% from deep.
  • Grambling and its opponents have been mostly even in the turnover battle. The Tigers commit 12.4 per game (292nd in college basketball) and force 12.3 (92nd in college basketball).

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