Montana
Parents file emergency appeal at Montana Supreme Court to remove gag order – Daily Montanan
Editor’s note: This story was updated to include more information.
A Glasgow couple would seem to be a perfectly made case for the controversial Senate Bill 99, passed by the Montana Legislature in 2023, which prohibited medical care for youth transitioning from one gender to another.
However, that couple now finds themselves looking at possible jail time, contempt, as well as losing a child to a parent in another country.
The couple, Todd Kolstad and Krista Cummins-Kolstad, filed an emergency appeal to the Montana Supreme Court on Monday morning, asking it to take control of the case, and stop — or vacate — a gag order imposed by Valley County District Court Judge Yvonne Laird after they criticized actions by the state health department.
The parents claim the State of Montana has unfairly taken their child, imposed a gag order without just cause, and violated their rights to make medical decisions for their child. They allege public officials, including Gov. Greg Gianforte himself, have taken to a public smear campaign online to discredit them.
They agree they’ve opposed efforts to allow their 14-year-old child to transition from female to male, but contrary to statements from the governor, they argue they have never stood in the way of getting psychiatric help for suicidal thoughts.
The case began in August 2023 when their child threatened suicide, then escalated when the couple refused to send her out of state for treatment, according to court records.
After a third party reported the case, the state’s Child Protective Services stepped in, received temporary custody, and sent the child to a facility in Wyoming, and later a youth group home in Billings.
Wanting their child back, the Kolstads took to Facebook in January to share their story, while criticizing the state. The Kolstads said on social media that while they support the need to get their child mental health resources, they don’t agree to let their daughter transition to a male. That drew a quick rebuke from Judge Laird, and the contempt order said that “further dissemination will result in contempt, which may result in jail and/or fine.”
Neither Gianforte’s office nor a spokesperson for the Montana Department of Public Health and Human Services were immediately available for comment when contacted on Monday morning. However, should those departments comment, the Daily Montanan will update this story.
The story has drawn attention both nationally and internationally, especially among conservative websites. The court appeal notes that a story by Canadian online magazine Reduxx about the situation has been viewed more than 1.4 million times during the past week.
To give them their best shot at reaching their full potential, children deserve to grow up in happy, healthy homes with loving families. Sadly, this ideal is not always realized. 1/8
— Governor Greg Gianforte (@GovGianforte) January 29, 2024
For now, the 14-year-old, who identifies as a male, is in a group home in Montana, after completing an emergency stay in a Wyoming facility after expressing suicidal thoughts. The state has granted the Montana Department of Public Health and Human Services a six-month custodial term for the youth, and has also approved a plan for him to live in Canada, with a birth parent.
Attorney Matthew Monforton represents the parents, Todd and his wife, Krista, who is the step-mother. The court brief, called a “petition for a writ of supervisory control,” is a rare motion that asks the Montana Supreme Court to take over the case and issue new decisions, including a request to stay — or set aside — the gag-order so the parents can respond and talk about the case.
Meanwhile, Laird has set a contempt hearing in her courtroom for Feb. 21, where Monforton says in the filing that his clients likely face jail time or other punishment for speaking publicly in opposition to the state’s actions, in violation of their First Amendment rights.
While the Kolstads admitted that the child needed mental health help, they objected to sending their child to the Wyoming facilities, fearing that the state did not have protections that would allow them to stop treatment aimed at his request to transition. The Kolstads told state officials that their child was at the top of the waiting list for a treatment facility in Billings, and wanted to wait until that spot opened up, instead of going to Wyoming.
The parents relied on Senate Bill 99, which was passed, signed into law, then enjoined by the state’s courts. SB 99 would have given protection to parents who didn’t want their child to transition, as well as outlaw medical treatment of transgender patients less than the age of 18.
The parents, according to the court filings, are conservative Christians who believe that transitioning to a different gender is a sin, and said they’re just exercising their rights as a parent to determine what’s best for their child.
According to the court documents, when the parents declined to send their child to Wyoming, “approximately 15 minutes after the call ended, a Child Protective Services agent and a police officer arrived at the parents’ home and seized their daughter. She was taken to the Wyoming facility the next day.”
The Kolstads say that kicked off a five-month fight that’s still ongoing while they’re trying to get their child back.
“A week later, Gov. Greg Gianforte, his communications director, and his allies in the press initiated a smear campaign against the parents. The parents have responded by speaking with the press,” the brief said.
In the brief, Monforton argues that the Kolstads are at a huge disadvantage because of the gag order: The governor and his staff have taken to social media, while they face possible jail time for responding.
Moreover, Monforton says the governor and state staff have smeared them, damaging their reputation, because the Kolstads say that their child was removed just because of suicidal thoughts, not for any other reason; however, social media posts, made by Gianforte, seemed to hint at other reasons.
“As stated in the state’s petition (for seizing the child, which is under seal and publicly unavailable), the sole basis for the removal (of the child) was the parents objections to being taken to Wyoming for treatment,” the court brief said.
The Kolstads are also concerned because they say after their child was released in September from the Wyoming facility, the child has been living in a group home in Billings.
“Staff members there are addressing H.K. by her preferred male name. They allow her to use men’s toiletries and wear men’s clothes and a chest binder. (The child) attends all-boy group sessions at the group home. A therapist at the group home is counseling (the child) to reach a goal of accepting her chosen gender 80% of the time. The parents have objected to all of these messages, but to no avail,” the court brief said.
The Kolstads were told on Jan. 26, in a conference that included a county attorney, Dylan Jensen, and a child protection specialist, Crystal Whitmore, that in order to be reunified with their child, the couple would be required to “participate in marriage counseling and accept (their child’s) gender identity.”
“The parents stated their marriage was fine and they did not accept the state’s claim that (their child) was now a male,” the court brief said. “Jensen and Whitmore both laughed and told the parents, ‘You don’t understand. You have to accept the services.’”
Gianforte, as well as other members of the state, addressed the situation on social media last week. Gianforte said that he had personally charged Lt. Gov. Kristen Juras to review the case. Juras is an attorney who has taught at the University of Montana School of Law and run for the Montana Supreme Court.
Gianforte said that Juras determined that DPHHS and the court have followed state policy and law, according to his posts on Twitter/X.
“Gov. Gianforte and his staff are publicly insinuating that (the child’s) seizure was necessitated by some horrifying fact, such as the parents’ ‘living in absolute filth,’ operating ‘meth labs,’ or being ‘dealers and addicts.’ But the parents risk jail time by responding to the governor’s lies,” the court brief said.
In the court filings, Monforton references the Child Protective Services report that found that the four-bedroom home was clean and stocked with food. Moreover, the reason for removing the Kolstads’ child was because of suicidal thoughts and the availability of the bed. However, because those documents are contained in a court filing that involves the health of a minor, they are unavailable for access.
OP 24-0071 Writ – Supervisory Control — Petition
Montana
Montana AG letter alleges Helena violates law banning ‘sanctuary cities’
HELENA — On Monday, Montana Attorney General Austin Knudsen sent a letter to the City of Helena claiming the municipality is not in compliance with the state’s law banning “sanctuary cities.” The letter comes just under a month after the State of Montana launched an investigation into a city resolution on Helena Police policy and Helena’s involvement in federal immigration enforcement.
In the letter, Knudsen laid out the ways he believes the city’s resolution violated state law. The attorney general gave Helena 15 days to respond or reverse the policy. If the city does not comply, his office will pursue legal action.
“Helena’s resolution appears to contain blatant violations of this law,” wrote Knudsen.
MTN News
On January 26, 2026, the City of Helena adopted a resolution clarifying when and how the Helena Police Department will cooperate with federal immigration officials. The vote was 4 to 1. The Helena commission seats and the mayor are elected in non-partisan races.
In the letter, Knudsen alleges the resolution established “a broad sanctuary city policy” that seeks to protect every illegal immigrant, regardless of whether the individual had committed a serious crime or not. The state further claims the resolution gives illegal immigrants “special privileges” in plea deals and establishes a “free-for-all policy” where a police officer can request the unmasking of Department of Homeland Security and ICE officers.
Knudsen has requested that the City of Helena, in their response, specifically describe in detail how the resolution complies with Montana law, provide emails and correspondence from city staff and the commission regarding the resolution.
Helena City manager Alana Lake told MTN in a statement: “The City of Helena is aware of the issues being raised by the Attorney General’s Office and is reviewing the matter. While we cannot discuss the details of a potential legal issue, the City is committed to transparency and compliance with the law. The City takes these matters seriously and will continue to cooperate with the appropriate authorities while remaining focused on serving our community.”
MTN News
Passed in 2021, Montana House Bill 200 prohibits a state agency or local government from implementing any policy that prevents employees or departments from communicating with federal agencies regarding immigration or citizenship status for lawful purposes. It also states governments must comply with immigration detainer requests if they are lawfully made.
HB 200 was backed by Republicans and passed with only Republican votes. Gov. Greg Gianforte signed the legislation into law on March 31, 2021.
Passage of the resolution by the Helena City Commission has drawn ire from conservative voices in Montana politics and on the national level.
MTN News
The resolution said the commission supported the Helena Police Department avoiding “committing its resources to federal action for which it has no authority,” such as entering into an agreement with the federal government to directly enforce immigration laws. Under federal law, immigration enforcement is conducted by federal agencies under the Department of Homeland Security. However, under the Immigration and Nationality Act, state and local governments can voluntarily enter into 287 (g) agreements with the federal government that allow them to enforce immigration laws.
The commission further supported HPD’s policy not to stop, detain, or arrest a person solely on suspected violations of immigration law, including assisting other agencies in an arrest based solely on immigration law.
DEEPER LOOK: Helena has seen a growing debate over ICE and local police involvement
In the resolution, the commission also supported an HPD officer, using their own discretion, requesting the identification and unmasking of a Department of Homeland Security Officer if the HPD officer “feels it will not be interfering with the actions of federal officers exercising their jurisdiction.”
“This adversarial relationship by local law enforcement toward federal officers itself undermines public safety and forces immigration officers to fear for their safety when they are simply carrying out their lawful duties,” wrote Knudsen.
The resolution further supports the City of Helena’s policy not to consider immigration consequences in a plea agreement with a defendant.
Mack Carmack, MTN News
The commission also supports the City of Helena not disclosing any sensitive information about any person – including immigration status, sexual orientation, or social security number – except as required by law.
“This is a restriction that directly conflicts with Montana’s prohibition on sanctuary jurisdictions, specifically ‘sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person’s citizenship or immigration status for a lawful purpose,’” the attorney general wrote.
If a government is found to be violating Montana’s law banning “sanctuary cities”, the state could fine them $10,000 every five days, prevent them from receiving new grants from the state, and have their projects with the state re-prioritized. A government in violation can avoid penalties by becoming compliant with the law within 14 days of being notified of the violation.
Read the full letter from the Montana Attorney General to the City of Helena:
Montana
Dispatches from the Wild: Montana’s wild inheritance at risk | Explore Big Sky
Steve Pearce and the future of the BLM
By Benjamin Alva Polley EBS COLUMNIST
If you care about hunting elk in crisp October air, floating a clear-running river for cutthroat trout, or simply taking your kids camping beneath a sky unspoiled by drill rigs, you should be outraged that Steve Pearce was ever considered to run the Bureau of Land Management.
The BLM is the largest landlord in the West. It oversees nearly 245 million acres of public land—millions of those acres in and around Montana’s most cherished places. This land is the backbone of our elk and mule deer herds, our sage grouse leks, our pronghorn migration routes and our blue-ribbon trout streams. It’s also the stage on which Montana’s hunting, fishing and outdoor recreation economy plays out.
Putting someone with Steve Pearce’s environmental record in charge of that land is like handing your cabin keys to the arsonist who’s always hated it. In the four months since Pearce was first nominated, it emerged that, if confirmed, he and his wife would divest from more than 1,000 oil and gas leases in Oklahoma to address potential conflicts of interest. While some senators strongly support his “active forest management” approach, he still faces opposition from groups alarmed by his record on public land transfers. On March 4, the Senate Energy and Natural Resources Committee voted 11-9 to advance his nomination, despite concerns from conservation groups.
Pearce’s track record is no mystery. He has consistently sided with extractive industries at the expense of wildlife, habitat and public access. He has supported opening more public lands to oil and gas drilling, weakening bedrock environmental safeguards and undermining science-based management. His votes and public statements have signaled again and again that he sees wild country as an obstacle to be overcome, not a legacy to be stewarded.
For Montana, that posture is an existential threat. Our big-game herds rely on intact winter range and unfragmented migration corridors across BLM lands. Aggressive drilling, poorly planned roads and relaxed reclamation standards shred those habitats. Once you carve up a landscape with pads, pipelines and traffic, you don’t get solitude—or mature bull elk—back with the stroke of a pen.
Anglers should be just as alarmed. Headwater streams and riparian corridors on BLM ground are the life support system for native bull trout, cutthroat and wild trout. A BLM director hostile to environmental safeguards is far more likely to greenlight development that increases sediment, degrades water quality and depletes the cold, clean flows our rivers depend on.
If Pearce takes office, outdoor recreation—and the rural economies built around it—will not be spared. In Montana, hunting, fishing and outdoor recreation pump billions of dollars into local businesses, guiding operations, gear shops and main-street cafes. People travel here precisely because of the open space, healthy herds and functioning ecosystems that BLM lands help sustain. When those landscapes are sacrificed to short-term profit, we don’t just lose scenery; we lose jobs, identity and a way of life.
This is not a partisan issue, especially in Montana. Public lands are one of the few things we truly share: ranchers who graze allotments, tribal communities with cultural ties to these places, hunters and anglers who’ve long defended habitat, and families who just want a place to pitch a tent. A BLM director should be a careful, science-driven steward accountable to all Americans—not a politician with a history of dismissing environmental protections as red tape.
Montanans know what’s at stake. We’ve fought bad ideas before—land transfers, giveaway leases, rollbacks to bedrock conservation laws—and we’ve won when we stood together. Steve Pearce’s nomination should have been dead on arrival. The fact that he was even on the list tells us how vigilant we must remain.
Our outrage must translate into action: calling elected officials, packing public hearings, writing letters and voting as if our public lands are on the line. Truly, they are. The BLM needs a director who sees these landscapes the way Montanans do: as sacred ground, not a balance sheet.
Anything less is a betrayal of the wild inheritance we’re supposed to pass on.
Benjamin Alva Polley is a place-based storyteller. His words have been published in Rolling Stone, Esquire, Field & Stream, The Guardian, Men’s Journal, Outside, Popular Science, Sierra, and WWF, among other notable outlets, and are available on his website.
Montana
Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst
California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax.
Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.”
The cars include a $1.8 million McLaren Elva, a Porsche 918 Spyder and a $1.26 million Ferrari F12TDF, the attorney general’s office said.
In the Golden State base rate sales tax is 7.25%. For a Lamborghini or Ferrari that can reach up to $250,000 or higher, that can mean a tax bill over $18,000. In Montana it is zero.
The gang, from Alameda, Marin, Santa Clara and Sacramento, allegedly dodged more than $1.8 million in taxes since 2018.
They are accused of filing false records showing the supercars were bought in Montana but then drove and kept them in California.
The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year.
It says there are 601 fraudulently registered cars involved and the DMV and California Department of Tax and Fee Administration have reviewing all car sales made in Montana.
California AG Rob Bonta said: “When bad actors abuse legal loopholes and submit fraudulent documents to evade their obligations, the California Department of Justice will not stand idly by.
“Every dollar of unpaid taxes is a dollar taken from California’s roads, schools and the vital services our communities rely on.”
The AG’s office said Beverly Hills was the city with the most suspicious car sales, with 416 cases on its radar from the luxury enclave.
It also released a series of text messages from defendants in Marin County and Walnut Creek, which said: “Don’t want the state of California to know anything about this car.”
Another asked: “Before you deliver it to him can you please remove the dealer plate.” One more asked if those with Montana plates had issues, the reply was: “Not yet.”
Another defendant added: “70k saved — I can’t believe the registration lasts for five years — that’s crazy. Stupid California. Paid 3k to own a 600k car for 5 years — lol in Cali that’s like 75k for 5 years. Hella dumb.”
California DMV Director Steve Gordon said: “We encourage all Californians to do the right thing and register their vehicle here if they are operating it in California.”
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