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Parents file emergency appeal at Montana Supreme Court to remove gag order – Daily Montanan

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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.

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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.”

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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.

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.

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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.”

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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.

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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.

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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





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Montana Tucker features freed hostages’ story in skincare ad – I24NEWS

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Montana Tucker features freed hostages’ story in skincare ad – I24NEWS


Influencer Montana Tucker, known for her significant social media following, recently highlighted the story of a freed Israeli hostage in a skincare promotion, eliciting mixed responses from her audience. 

Since October 7, Tucker has utilized her platform to advocate for Israel, sharing content from communities impacted by Hamas attacks and historical sites like Auschwitz.

Tucker, who has over 3 million Instagram followers and 9 million on TikTok, has consistently posted about the ongoing conflict, including speeches at rallies and interviews at protests. At the Grammys in February, she wore a yellow ribbon with the words “Bring them home” to raise awareness for Israeli hostages.

However, her latest advocacy effort has sparked controversy. In a video promoting an Israeli skincare brand, Tucker features Raz Ben Ami, who was abducted with her husband during a Hamas attack. While many praised Tucker for raising awareness, others criticized her for seemingly using a traumatized family’s story to promote a product.

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Montana Tucker’s instagram skin care ad featuring Israeli captive, Raz Ben AmiMontanatucker/Instagram

“Raz and Ohad have three beautiful daughters who did everything they can to bring back their dad and take care of their mom,” Tucker wrote in the caption. She emphasized that the featured skincare brand, FRE, was Raz’s favorite.

The video showcases Ben Ami sharing her experience of captivity and expressing hope for her husband’s return. 

Despite the heartfelt narrative, the integration of a product promotion led to divided opinions. Some followers appreciated Tucker’s ongoing efforts, while others viewed the ad as exploitative.



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Influencer Montana Tucker features freed Israeli hostage in a skincare promo

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Influencer Montana Tucker features freed Israeli hostage in a skincare promo


Since Oct. 7, Montana Tucker has encapsulated the growing role of social media influencers in the sprawling effort to advocate for Israel. 

Tucker, who has more than 3 million followers on Instagram (in addition to 9 million on TikTok), has uploaded videos and photos from the communities devastated by Hamas’ attack and from Auschwitz. She’s posted speeches at rallies and tried to interview people at campus protests. At the Grammys in February, she wore a large yellow ribbon over her dress displaying the words “Bring them home.”

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But her latest advocacy effort for Israeli hostages is dividing her pro-Israel fans — because in addition to featuring the harrowing story of a woman who was taken captive with her husband, the video also promotes a skincare product. 

“Raz and Ohad have 3 beautiful daughters who did/do everything they can to bring back their dad/ remaining hostages, and take care of their mom,” Tucker wrote in the caption to the video, uploaded on Thursday. “@freskincare is not only an incredible, clean, and Israeli skincare brand, but it is Raz’s favorite.”

The video — and response to it — showcase the thorny questions raised by the melding of influencer culture and pro-Israel advocacy amid a brutal war and hostage crisis. Many of Tucker’s followers praised the video and her months of efforts to raise awareness of the captives’ plight, as well as a gesture of goodwill by the skincare brand. Some others lambasted her for, in their view, using a traumatized family’s story as an opportunity to promote a beauty regimen.

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Montana Tucker and freed hostages. (credit: Michelle Tucker)

“This is just vile and unconscionable,” human rights lawyer and Israel advocate Arsen Ostrovsky wrote on X. “How dare you @montanatucker come here to Israel to profit of the grief and massacre of our people. Have you no shame?”

Another user who responded to Ostrovsky’s post saw it differently. “She has done so much for our cause in social media since the war started, and because she did something for someone in partnership with a brand, your jumping down her throat,” he wrote. “Pick a fight with the correct people, this isn’t one of them!”

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The video starts like many of the other hostage testimonies that have emerged since Oct. 7, when Hamas terrorists took some 250 Israelis captive and brought them to Gaza. Raz Ben Ami, 57, sitting on a couch with her three daughters, recalls hiding in a bomb shelter during Hamas’ attack, and discusses her and her husband Ohad’s abduction from Kibbutz Be’eri.

The freed hostages who appear in the advertisement

Ben Ami was released during a ceasefire in late November. Her husband remains in captivity. 

“We miss him very much,” Ben Ami, who is wearing a shirt calling for Ohad’s release, says in the video. “We’re working very hard to get him back. We hope he’s still OK.”

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The video then pans to Mickael Bensadoun, CEO of the Israeli skincare brand Fré, who is sitting next to Tucker. “We are praying for the release of all hostages,” Bensadoun says. “This is the least we can do.”

Bensadoun goes on to explain that while Raz was in captivity, her daughter Yulie, 27, had reached out to the company, “saying that she would love her mother to get some Fré products when she’s back. Our head of customer support showed me this message. I think I wanted to give all Fré to you.”

Tucker responds, “There are a million skin care brands, but I think what makes a brand so special is when there is a personal story.” Later, she hugs Ben Ami and says, “You are amazing, really, you inspire me so much.”

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At the end of the video, Tucker asks for permission to rub some cream from the brand on Ben Ami’s face. Tucker reassures her that her hands are clean. Ben Ami responds, with a laugh, “I’ve been in Gaza.”

The video concludes with the group shouting, in unison, “We love Fré!”

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The post has garnered many positive reactions praising Tucker for bringing attention to the atrocities of Oct. 7 and the plight of the hostages.

“@montanatucker Do you even know how much this means to every Jew in the world?,” one user wrote on Instagram. “The fact that you’re getting their stories out there for ALL to hear and see ! Thank you so much for EVERYTHING you’re doing for your community!”

Tucker shared the video during a week when Israel Defense Forces soldiers have recovered hostages’ bodies from the city of Rafah. The same day Tucker’s video went up, the families of five young women hostages released a video showing their capture by Hamas, sparking heightened pressure on the Israeli government to negotiate their release.

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In light of the dire news, some people objected to Tucker featuring hostages in a video promoting beauty products.

“After you thought you’ve seen it all, watch this video and see how some people and the brands they’re pushing apparently have no problem capitalizing on the backs of people who have been to hell and back,” Yaakov Katz, the former editor in chief of the Jerusalem Post, wrote on X. 

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In response to an inquiry from the Jewish Telegraphic Agency, a representative for Tucker said that Ben Ami and Tucker had met at a recent rally for the hostages’ release before meeting in the temporary housing where the Ben Ami family has been living following the destruction of their home on Oct. 7.  

“She wanted her story told, her husband’s story, told by Montana,” said the representative, who gave her name as Michelle. “She always goes to their houses.”

The representative added that the idea for the video came from Fré and that Tucker was not paid to go to the house.

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“It was totally a mitzvah thing,” she said. “She will always be there for the hostages until everyone’s home.”

Fré, which did not respond to JTA’s request for comment, is not the only company to tell stories about the hostages with its products. Wines on the Vine, an online wine store and project of the nonprofit Israel Innovation Fund, has released a line of wines featuring the faces and short biographies of the remaining hostages called “Wines of Hope.” A third of the proceeds will be donated to the Hostages and Missing Families Forum advocacy group, according to the website.

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“Wines of Hope tells the story of the 257 hostages who were taken captive by Hamas terrorists on October 7, 2023, and specifically the 128 people who remain there until today,” the website says. “With every sip we take, we drink this wine as a symbol of hope and a yearning for their return, until the day we can drink together with them, fully rejoicing and celebrating true freedom.”





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Zinke seeks $50 million for infrastructure projects in western Montana

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Zinke seeks $50 million for infrastructure projects in western Montana


U.S. Rep. Ryan Zinke asked the House Appropriations Committee on Friday to approve nearly $50 million for 15 infrastructure projects in western Montana, including one in Flathead County, one in Lake County, and two in Lincoln County.

The goal of the projects, according to Zinke’s office, is to support transportation and infrastructure, water systems and law enforcement equipment. The projects extend to 10 counties. 

“Rural Montana’s infrastructure and public service needs are different than those of Miami or Phoenix, and taking advantage of my position on the Appropriations Committee allows me to make sure our tax dollars are spent on projects that support our taxpayers,” said Zinke in a statement. 

Zinke, a Republican, is asking for $1,936,170 to add or replace guardrails on North Fork Road in Flathead County. Zinke’s office described the road as providing crucial access to year-round recreational activities and timber industry operations as well as to Glacier National Park. The road’s existing guardrail has surpassed its service life, according to Zinke’s office. 

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The project, if approved, would update 3.71 miles of roadway. 

In Lake County, the congressman is requesting $1,604,500 for the creation of a new invasive species inspection station in place of a current station in Ravalli. The existing station, under the management of the Confederated Salish and Kootenai Tribes, is the only station to operate 24 hours, 7 days a week during boating season, and yet lacks permanent infrastructure and weather protection, according to Zinke. 

Officials in Lincoln County are hoping to expand and update the Troy Airport, with $820,319 requested to repair the runway. Zinke also requested $1,500,000 to turn the Troy branch of the Lincoln County Library into the Troy Library and Opportunity Center, with facility upgrades. 

Lake and Lincoln Counties also were two of five counties awarded money for enhancing local law enforcement. The first grouped request, including Beaverhead, Lake, Lincoln, Mineral and Sanders counties, asks for just over $2 million to promote equipment continuity, including patrol vehicles, body scanners, radios and vests. 

The second portion, totalling $322,000, would give law enforcement capabilities to those same five counties, if awarded.

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The requests were made through the U.S. House of Representatives Community Funding requests, which allows Congress to direct appropriations from specific grant accounts to eligible projects. Projects must be approved by the House Appropriations Committee, the full House of Representatives and be included in the joint funding package signed by the president. 

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or 758-4459.



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