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MT Supreme Court rules laws, including one on transgender athletes, violate Board of Regents' authority

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MT Supreme Court rules laws, including one on transgender athletes, violate Board of Regents' authority


HELENA — The Montana Supreme Court has upheld a lower court ruling that found three bills from the 2021 state legislative session overstepped onto the authority of the Montana University System Board of Regents.

The most prominent of the bills was House Bill 112, which banned transgender female athletes at public schools from participating in women’s sports. A majority of justices agreed that bill was unconstitutional as applied to colleges and universities.

In addition to HB 112, the court also ruled against:

· House Bill 349, which limited how colleges and universities could discipline students for certain speech and when they can deny recognition to student organizations.
· A section of Senate Bill 319 that would have required student organizations that also function as political committees – specifically the advocacy group MontPIRG – to be funded through a fee that students can pay if they opt in, instead of one they are required to pay unless they opt out.

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A large group of individuals and organizations filed suit over these bills. In their arguments, the plaintiffs made the case that the Montana Constitution gives the Board of Regents full authority to oversee the state’s university system, and that the bills infringed on that authority. In 2022, a district judge in Gallatin County sided with the plaintiffs.

Attorneys for the state argued the plaintiffs did not have legal standing to challenge the laws. On HB 112 specifically, they said the law was not targeting the Board of Regents or universities specifically, and that the board had not established a policy on transgender athletes.

Justice Ingrid Gustafson wrote in her ruling – joined by Chief Justice Mike McGrath and Justices Laurie McKinnon and Jim Shea – that the plaintiffs had established standing by showing they would be harmed by the bills, and that they could make the argument the bills unconstitutionally infringed on the Board’s authority even if the Board itself did not sue.

Gustafson said the Board of Regents had essentially expressed a judgment on how to handle transgender athletes by linking participation to NCAA and NAIA requirements. She said HB 112 does address elementary and high schools as well as colleges and universities, but that didn’t mean it wasn’t infringing on the Board.

“The Legislature cannot avoid Article X, § 9’s grant of power to the Board by simply adding non-MUS institutions to the law,” she wrote.

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Gustafson also said, because the state had focused its arguments on stating HB 112 was not unconstitutional, they had essentially conceded on the other two bills, so the district court’s ruling against them should stand. The state said they centered their defense on the merits on HB 112 for briefing reasons, not because they were conceding the other bills were unconstitutional.

While four out of seven justices agreed to find the bills unconstitutional, they were split on whether the plaintiffs were entitled to receive attorney fees from the state. The district judge had ruled against the plaintiffs’ request. Because a majority of justices didn’t agree fees were warranted, that decision remained in place.

Justice Jim Rice wrote a dissenting opinion, in which he argued the plaintiffs did not have standing in the case and that only the Board of Regents itself should have had the authority to file suit claiming an infringement of its authority. Justice Dirk Sandefur agreed with Rice, but added his own short opinion saying that, if the plaintiffs did have standing, he would agree that the bills were unconstitutional as the majority had ruled.

Read the justices’ full opinions below:

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Lawmakers Propose Special Session to Criminalize Undocumented Immigration, Regulate Nonprofits in Montana  – Flathead Beacon

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Lawmakers Propose Special Session to Criminalize Undocumented Immigration, Regulate Nonprofits in Montana  – Flathead Beacon


A group of Montana lawmakers is calling for a special legislative session to regulate undocumented immigration and reconfigure statewide marijuana tax revenue. The proposal arrived a week after a migrant family landed in Kalispell, spawning calls for tighter immigration policy from Republican officials and unsubstantiated allegations of migrant trafficking directed towards a local nonprofit. 

Speaker of the Montana House Matt Regier, R-Kalispell, on Tuesday sent a letter to Secretary of State Christi Jacobsen asking that Jacobsen poll lawmakers to convene a special session on June 24. In the letter, Regier called for legislators to restrict the entry of undocumented migrants into Montana, as well as regulate businesses, nonprofits and individuals who aid migrants. 

Penned by Regier, the letter was signed by Republican legislative leaders, as well as Flathead Valley lawmakers Rep. Tanner Smith, R-Lakeside; Rep. Bob Keenan, R-Bigfork; Rep. Amy Regier, R-Kalispell; Rep. Braxton Mitchell, R-Columbia Falls; Sen. Carl Glimm, R-Kila; Sen. John Fuller, R-Kalispell; and Sen. Mark Noland, R-Bigfork. 

Regier told the Beacon that he is open to various ideas for restricting the movement of undocumented immigrants into the state and lauded recently passed legislation in Texas and Iowa. 

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Texas last year passed a law that allows state police to arrest individuals for illegally crossing the U.S.-Mexico border. Under the law, a person can be charged with a misdemeanor if a police officer believes they have evidence that the person illegally crossed the border. The law is currently blocked by a federal appeals court. 

Iowa Gov. Kim Reynolds last month signed a bill modeled off of the Texas legislation that makes illegal immigration into Iowa a state crime. Under the law, state courts would be allowed to order the deportation of undocumented immigrants and state agencies would be able to transport migrants to ports of entry. The bill is set to go into effect July 1; however, it may face similar legal challenges to the Texas law. 

Regier said immigration is now “front and center here in Montana.”

Republican officials last week called for the deportation of a Venezuelan migrant family that landed in Kalispell and floated unsubstantiated claims that local nonprofit Valley Neighbors had conspired with the Biden Administration to transport migrants to the area. Valley Neighbors said they did not help the migrants travel to Kalispell, and officials could not provide any evidence that the group transported the migrant family or worked with the federal government to relocate immigrants. 

Regier said he would be open to criminalizing nonprofit groups, individuals and businesses who hire and/or aid undocumented migrants. 

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Tacked onto the letter is a request for lawmakers to iron out the distribution of marijuana tax revenue. A popular bill to funnel marijuana funding towards county road repairs and conservation projects died last month after lawmakers voted not to override a veto by the governor. The once widely supported bill soured for lawmakers after procedural mishaps led the judiciary to compel the executive branch to carry out a veto override poll. 

According to Regier, the court weighing in on the matter was “unconstitutional” and lawmakers should return to Helena to iron out the issue. 

This is the fourth request for a special session by lawmakers since the Legislature adjourned last spring. Democrats in July and the conservative Montana Freedom Caucus in November called for special sessions to address rising property taxes, both of which failed. Twelve Republican lawmakers earlier this week called for a special session to consider bills allowing Supreme Court candidates to run with a party label. Supreme Court races are currently nonpartisan. 

A 2018 special session called by Gov. Steve Bullock cost nearly $210,000. 

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Bozeman Makes National Headlines For All The Wrong Reasons

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Bozeman Makes National Headlines For All The Wrong Reasons


They say there is no such thing as bad publicity, however, I tend to disagree. Our beloved city of Bozeman has made national headlines and unfortunately, it’s not for anything positive.

National media outlets including ABCNews reported on recent bomb threats made in Bozeman

If you’re a resident of the city or the state, you’ve probably heard by now that there were a series of bomb threats made over 3 days around town. Well, now we have information about those threats and what was behind them.

As already reported, the threats came from emails sent from Africa and were targeting certain businesses in the area. In new information, it seems we now know why those businesses were targeted.

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Local authorities released information that the bomb threats were linked to upcoming Pride events within the LGBTQ+ community.

Credit: Canva
Credit: Canva

While the threats proved to be a hoax, for many living in Bozeman and Montana it’s a reminder that hate is alive and well here in The Treasure State. This isn’t the first incident that the area has experienced when it comes to the LGBTQ+ community. Last year a man was pepper-sprayed during the Bozeman Pride Stroll by a group of masked individuals who were carrying anti-LGBTQ+ signs during the event.

Bozeman Police released the following statement regarding the incidents:

“As Bozeman looks to host Pride Week again this year, we stand committed to protecting our community, especially those of the LGBTQ+ community, so that everyone feels safe to celebrate.”

While much of Montana is conservative, both Bozeman and Missoula are more progressive areas and have been for some time.  However, conservative or liberal, folks have the right here and across the country to gather together without the fear of threats or bodily harm.

Credit: Canva
Credit: Canva

The idea that individuals or groups would threaten violence or hate over an event is not only ridiculous but puts the state in a bad light. I understand that we might not all see eye to eye on everything, but at what point do we say enough is enough? Just because you might not support a group or even relate to their cause, doesn’t mean that something you do support or relate to won’t come under attack at some point.

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As residents of Bozeman and Montana, we should strive to be better. We should support each other and our freedoms in this great state of ours, and sometimes, that includes supporting things we might disagree with.

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Want to attend a music festival in Montana? Here are a few festivals that need to be on your radar.

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Montana could be a model as more GOP states weigh Medicaid work requirements • Stateline

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Montana could be a model as more GOP states weigh Medicaid work requirements • Stateline


Two decades ago, Jeff Beisecker and his family returned to Great Falls, Montana, from a religious mission to the Philippines. Beisecker had no health insurance and no steady source of income, and neither did his wife. Fearful of being without coverage, Beisecker enrolled himself, his wife and their four children in Medicaid for nearly a decade while he worked his way to a steady, full-time job.

Having the extra help made a difference for his family, recalled Beisecker, 53. “And people might have looked down on us. I don’t really care, because it was there to help us along the journey.”

For Beisecker, Medicaid coverage was a launching pad to stable work; now he helps others make that leap. As an employment and training coordinator for Opportunities Inc., a Great Falls-based nonprofit, Beisecker connects Montana Medicaid recipients to job training, career counseling, transportation and child care. Opportunities Inc. is one of several nonprofits that run a state-created voluntary program called the Health and Economic Livelihood Partnership Link, known as HELP-Link.

“When folks come in, we can meet with them and say, ‘Hey, maybe you can take this training that we can help pay for, and you can come out and start making 28 or 29 dollars an hour,” Beisecker said.

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An increasing number of Republican-led states want to require Medicaid recipients to work, arguing that doing so will help them rise out of poverty. Democrats and health advocates note that most people on Medicaid already work either full time or part time. They argue that states shouldn’t deny health care coverage to people who don’t have jobs, especially since many face serious barriers to employment.

With HELP-Link, Montana might have found middle ground.

Holdout states consider expanding Medicaid — with work requirements

When Montanans enroll in Medicaid, nonprofit organizations such as Opportunities Inc., which receives state funding, can offer career guidance and job training from professionals like Beisecker. A key part of that process is identifying barriers to work — such as a lack of training, child care or transportation — and finding ways to overcome them.

“There are ways to support work without taking away people’s health coverage,” said Joan Alker, executive director of Georgetown University’s Center for Children and Families, which researches health care issues.

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“Montana is the most concrete example of a work-support connection,” she said. “That’s one place to look to make sure people are connected to work supports and job training.”

Montana Republican state Rep. Edward Buttrey, who crafted the HELP-Link program with Democratic state Rep. Mary Caffero in 2015, said it adheres to GOP principles.

“Republican administrations typically want to ensure that if somebody’s getting a benefit from the taxpayers, that they’re earning it and in return providing a benefit back to the state and themselves,” Buttrey told Stateline. “I think that’s what this is about.”

Caffero said that in reaching a compromise, legislators “put the people of Montana above party politics.”

“We created our own majority,” she said, “and extremists were kind of out on a plank.”

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Increasing interest

Medicaid is a program that provides health insurance for low-income people and is jointly run by states and the U.S. government. Any state that wants to add a work requirement to Medicaid must ask the federal government for permission.

Grassroots groups help Medicaid recipients regain lost coverage

The Biden administration has repeatedly turned down states’ requests to impose work requirements. It also has rescinded the approvals granted by its predecessor, which signed off on 13 of them. (Only one state, Arkansas, implemented its rule before courts blocked states from imposing them.) But with the election fast approaching, the prospect of a second Trump administration has prompted more GOP states to reconsider the idea.

That includes states such as Arkansas, Idaho and Louisiana that opted to expand Medicaid to more people under the Affordable Care Act, commonly known as Obamacare. It also includes states that are still debating whether to expand Medicaid under Obamacare, among them Kansas and Mississippi.

Georgia and South Carolina, neither of which has expanded Medicaid under the ACA, both have sought federal permission to include work requirements in partial expansions of Medicaid that are more limited than what is envisioned under Obamacare. Only Georgia, which is fighting the Biden administration in court, currently has a strict work rule for any of its Medicaid enrollees.

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How it works

Montana, which expanded Medicaid during the Obama administration, in 2019 sought federal permission to apply work requirements to the roughly 100,000 adults who were newly eligible for the program. Under the proposal, beneficiaries would have had to work at least 80 hours each month, be looking for a job, or be doing volunteer work. There would have been exemptions for pregnancy, disabilities and mental illness.

In 2021, however, the Biden administration rejected Montana’s request. Buttrey told Stateline that if former President Donald Trump wins in November, it is likely that Montana will try again. But whatever the outcome of the election, the voluntary workforce training in HELP-Link has emerged as a possible compromise.

Beisecker said that Opportunities Inc. has been working with the Help-Link program for about a year and a half. The nonprofit has been able to help people do things such as get a commercial driver’s license, start a welding certificate program, take classes on medical coding, and join construction training programs.

When folks come in, we can meet with them and say, ‘Hey, maybe you can take this training that we can help pay for, and you can come out and start making 28 or 29 dollars an hour.

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– Jeff Beisecker, employment and training coordinator for Opportunities Inc., a Montana nonprofit

The nonprofit also has a community resource center that can help Medicaid recipients get access to vouchers for food, laundry facilities and other needs.

“We get referrals from other nonprofits we work with,” Beisecker said. “We have flyers that we send out so people know about the program. We go to job fairs.”

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According to data from the Montana Department of Labor and Industry, more than 2,200 people have participated in the HELP-Link program since its inception. Many have gone on to get jobs as registered nurses, dental hygienists, real estate agents and computer programmers, among many other professions.

HELP-Link has built relationships with large local employers such as manufacturers and health care providers, said Heather O’Loughlin, executive director of the Montana Budget & Policy Center, a nonprofit group that examines budget and tax issues. O’Loughlin said a dip in participation since 2021 is evidence that the program has moved many participants into stable jobs.

Caffero, the Democratic lawmaker, agreed.

“The program was doing exactly what we intended. People get jobs and jobs with benefits, jobs where they make a living wage, because they have education and training through HELP-Link,” she said. “That’s the goal. We don’t want the [Medicaid] rolls to go up.”

Buttrey noted that prior to the pandemic, Montanans stayed on Medicaid for an average of less than two years. “We’ve given people some job skills,” he said. “We’ve gotten them preventative care and help with addiction.”

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Despite federal warnings, red and blue states aggressively cull Medicaid rolls

Robin Rudowitz, who oversees Medicaid research at KFF, a nonpartisan health research organization, praised Montana’s program for encouraging people to find a job — and get off government assistance — without denying them health care while they do it.

She contrasted HELP-Link with the strict work requirements Arkansas briefly had in place for Medicaid recipients during the Trump administration, before a federal court struck them down. Those rules knocked roughly 18,000 people off the rolls. “Arkansas was really the only state that actually implemented to the point of where individuals were disenrolled for failing to comply,” she said.

Rudowitz and other health experts also have been critical of Georgia’s Pathways to Coverage program, launched last summer, which extended Medicaid coverage to some low-income Georgians on the condition that they work or participate in another qualifying activity 80 hours each month. Under that program, which is not considered full expansion under Obamacare, 4,000 people have gained coverage, out of the roughly 350,000 who would qualify based on their income.

Georgia Republican Gov. Brian Kemp has defended the program and blamed the Biden administration for its slow start. The program is set to expire next fall, but several months ago, Georgia sued the federal government in a bid to extend it.

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“It’s fiscally foolish, and anti-family,” Georgetown’s Alker said of the Georgia program. She noted that the state is leaving federal dollars on the table by eschewing a full-fledged expansion under Obamacare.

“It’s not been a pathway to coverage for anybody,” she said.



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