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Montana to allow transgender people to change birth record

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Montana to allow transgender people to change birth record


HELENA, Mont. (AP) – After months of defiance, Montana’s well being division mentioned Monday it’s going to comply with a choose’s ruling and quickly enable transgender individuals to vary the gender on their beginning certificates.

The choose issued a scathing order Monday morning saying well being officers made “calculated violations” of his order, which had instructed them to quickly cease imposing a regulation blocking transgender individuals from altering their gender on their beginning certificates except they’d undergone surgical procedure.

District Courtroom Decide Michael Moses mentioned Monday he would promptly contemplate motions for contempt primarily based on continued violations of his April order, which he clarified in a verbal order at a listening to on Thursday. Simply hours after that listening to, the Republican-run state mentioned it will defy the order and preserve in place a rule that disallowed any modifications to beginning certificates except they have been attributable to a clerical error.

On Monday afternoon, the Division of Public Well being and Human Providers issued an announcement saying it will adjust to the order, regardless of disagreeing with it.

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Throughout Thursday’s listening to, attorneys for the state had argued that blocking the regulation didn’t stop the well being division from promulgating new administrative guidelines.

The state, Moses wrote, engaged “in pointless authorized gymnastics to aim to rationalize their actions and their calculated violations of the order.” He known as the state’s interpretation of his earlier order “demonstrably ridiculous.”

“The division stands by its actions and evaluation in regards to the April 2022 preliminary injunction determination, as set forth in its rulemaking that addressed important regulatory gaps left by the courtroom,” mentioned Jon Ebelt, spokesperson for the well being division. The company is contemplating its subsequent steps within the litigation, the assertion mentioned.

“It’s unlucky that it has taken two very clear courtroom orders and lots of months to adjust to the regulation,” mentioned Alex Charge, an legal professional with the ACLU of Montana. The ACLU represents the plaintiffs, two transgender individuals who need to change their beginning certificates.

“However from the attitude of transgender Montanans who’re searching for to acquire correct identification paperwork, immediately’s announcement is definitely progress,” Charge mentioned.

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Ebelt didn’t reply to an e-mail asking when the state would possibly begin processing purposes. Charge didn’t know the way many individuals have sought to right their beginning certificates in current months, however he was conscious of people that had contacted the courtroom after the April injunction and up by Monday.

In April, Moses quickly blocked a regulation handed by the Republican-controlled 2021 Legislature that may require transgender residents to endure a surgical process and procure a courtroom order earlier than having the ability to change the intercourse on their beginning certificates. He mentioned the regulation was unconstitutionally imprecise as a result of it didn’t specify what sort of surgical procedure can be required.

Slightly than returning to a 2017 rule that allowed transgender residents to file an affidavit with the well being division to right the gender on their beginning certificates, the state as an alternative issued a rule saying an individual’s intercourse couldn’t be modified, even after having surgical procedure.

The well being division “refused to problem corrections to beginning certificates for weeks in violation of the order,” Moses wrote. The state didn’t attraction Moses’ ruling both.

The ACLU of Montana had requested the judicial clarification because of the state’s inaction.

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Moses’ order on Monday included a replica of the 2017 guidelines.

“If defendants requires additional clarification, they’re welcome to request it from the courtroom fairly than have interaction in actions that represent illegal violations of the order,” Moses wrote.

Such open defiance of a choose’s order could be very uncommon from a authorities company, mentioned Carl Tobias, a former College of Montana Legislation College professor now on the College of Richmond. When officers disagree with a ruling, the everyday response is to attraction to a better courtroom, he mentioned.

“Attraction is what you ponder — not that you may nullify a choose’s orders. In any other case, individuals simply wouldn’t obey the regulation,” Tobias mentioned Thursday. “The system can’t work that manner.”’

The authorized dispute comes as conservative lawmakers in quite a few states together with Montana have sought to limit transgender rights, together with banning transgender ladies from competing in ladies college sports activities. A distinct Montana choose final week decided a regulation handed by state lawmakers searching for to ban transgender ladies from collaborating on feminine collegiate sports activities groups was unconstitutional.

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Related Press reporter Matthew Brown in Billings, Montana, contributed to this story.



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Real Madrid's Coach Visits Montana

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Real Madrid's Coach Visits Montana


Montana — After another successful season for Los Blancos, Carlo Ancelotti is spending some time in The Treasure State.

Over the past few days, Real Madrid Coach Carlo Ancelotti has shared some photos from a vacation with his spouse, Mariann Barrena McClay, in Montana. They have spent some time horseback riding and checking out the Sawmill Saloon in Darby.

This vacation follows a trophy-filled season at Real Madrid, during which they won La Liga, the Champions League, and the Spanish Super Cup. They probably feel alright about their chances next season, considering that Mbappe is joining the squad.

The small town of Darby, situated on Montana Highway 93, recorded a population of 783 in the 2020 census. The town is home to logging and rodeo events, along with a farmer’s market. In July, they host a Bluegrass and Strawberry Festivals. The closest ski area to Darby is Lost Trail Powder Mountain, which is in Idaho and Montana.

Image Credits: Carlo Ancelotti, Visit Darby (Image above)

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There is a way for Montana residential property taxes to go down

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There is a way for Montana residential property taxes to go down



The upcoming property tax year could be a little easier on homeowners and renters than last year.

The operative word in that sentence is could. Here’s why this year could be easier, not a slam-dunk “will be easier.”

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Three policy-generated numbers mathematically merge in a complex equation to determine what you pay in property taxes: 1) the state’s assessed value of your property; 2) the state’s tax rate applied to your property; and 3) every city and county’s total ask in taxes for the year (for the sake of simplicity, schools won’t be part of this particular explanation).

Cities and counties determine the size of the property tax pie (No. 3); state policy determines the size of your slice (Nos. 1 and 2). State law already caps how much cities and counties can increase the size of the pie, with a few exceptions falling outside of that cap, including voted bonds and levies and new properties that have come online in the last year.

2024 is not a reappraisal year, so the value of your home will not go up, for tax purposes. The Legislature also won’t meet this year, so the residential property rate will remain at 1.35%. So, for many jurisdictions across the state, if there are no voted bonds or levies, residential property taxes should only increase by the statutorily mandated one-half of the 3-year average of inflation. That should be the case, but it won’t be. Given that the tax pie is finite, if one piece gets smaller, another must get bigger.

There are 16 classifications of property, each with a different appraisal method and tax rate. The centrally assessed tax classification (telecoms, railroads, pipelines, airlines and NorthWestern Energy) appeal their valuations every year, regardless of where we are in the re-appraisal cycle. This process is underway, and they had until June 20 to submit their protests. These industries have deployed fleets of attorneys to Helena to contest their valuations. These negotiations happen behind closed doors and are always successful in reducing values for these industries.

This dramatically affects residential property taxpayers. When corporations in these industries successfully argue for a reduction in their value, they reduce the taxes they pay and increase yours. When the national telecoms, railroads, airlines, pipelines and NorthWestern Energy get a tax break in Montana, the size of their piece of the property tax pie gets smaller. That means someone else’s piece necessarily gets bigger – yours. When these corporations’ property taxes go down, yours go up. Residential taxpayers cover the costs of tax breaks for the centrally assessed industries. Even if cities’ and counties’ total tax levies remain the same this year, the state granting a reduction in value for centrally assessed property will make residential property taxes go up.

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But it doesn’t have to be this way.

If the centrally assessed industries were to acknowledge the massive property tax gut punch for homeowners and renters in 2023 and just sit out this round of appeals, that could really help your 2024 property taxes. For many of these national corporations, Montana is a tiny piece of their market. These reductions won’t matter much for them, but the property tax increases for Montanans sure will.

National telecoms, railroads, pipelines, airlines and NorthWestern Energy should just say no when it comes to appealing their respective valuations. The Montana employees and customers who need to afford to live here deserve your consideration more than your shareholders.

That’s not the only way to avoid this situation, though. If the Department of Revenue, at the direction of the governor, didn’t cave during these negotiations but instead stood tall for homeowners and renters and didn’t reduce these valuations, that could keep your property taxes down.

The state’s Property Tax Task Force is meeting now. Productive property tax conversations are happening in interim legislative committees and across the state. But 2025 is a long way off in terms of relief. Things could be better this year. National telecoms, railroads, airlines, pipelines and NorthWestern Energy should not appeal their valuations. And if they do, the Department of Revenue should make the negotiations public.

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That actually would help.

Missoula County Commissioners Dave Strohmaier, Juanita Vero and Josh Slotnick.



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Crews battle Montana Creek Fire along Parks Highway south of Talkeetna

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Crews battle Montana Creek Fire along Parks Highway south of Talkeetna


By Anchorage Daily News

Updated: 40 seconds ago Published: 1 hour ago

Firefighters on Saturday were battling a rapidly growing fire about 2 miles northeast of the community of Montana Creek — near Mile 95 of the Parks Highway — as warm, dry conditions in much of the state fueled additional fire activity.

The Montana Creek Fire, which was reported around 3:15 p.m. Saturday, grew quickly from a quarter acre to about 20 acres, Alaska Division of Forestry and Fire Protection officials wrote in an update. By 6:30 p.m. Saturday, the fire was estimated between 70 and 100 acres, KTNA reported, based on information from state fire officials.

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At least three wildland fire engines, two helicopters, two scoopers, a fire retardant aircraft and a load of smokejumpers were responding, among other resources, fire officials wrote in their post. Flames up to 5 feet were observed and trees were torched as the blaze burns in an area with black spruce, fire officials wrote.

Crews were making progress Saturday evening, a public information officer told KTNA.

The Parks Highway remained open Saturday evening, but drivers were asked to slow down and use caution in the fire area as crews continued to fight the blaze and work between Mile 94 and 98, fire officials said. Alaska State Troopers said around 5:30 p.m. Saturday that residential roads between Mile 94 and 98 were “only open to residential traffic.”

The Upper Susitna Community & Senior Center said on Facebook that it was open for anyone needing shelter as a result of the Montana Creek Fire.

State fire officials said that burn suspensions continue to remain in effect for the Matanuska-Susitna, Valdez/Copper River, Fairbanks, Delta and Tok areas until conditions improve.

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On the Kenai Peninsula, a wildfire near Tustumena Lake in the Kasilof area forced evacuations of the nearby Tustumena Lake Campground, borough officials wrote in a social media post.

Personnel from Central Emergency Services and the state Division of Forestry and Fire Protection were responding to the fire, and more air and ground resources were on the way, Kenai Peninsula Borough officials wrote.

The borough said its Office of Emergency Management has activated a call center at 907-262-4636 for non-emergency calls about the Tustumena fire management operations.

In Interior Alaska, crews are monitoring and responding to multiple wildfires, including some that have been burning for several days.

Additional information about wildfire response in Alaska is available at akfireinfo.com.

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