Montana
Kalarchik v. Montana
After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.
Status: Ongoing
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16 Montana Cases
Montana
Oct 2024
LGBTQ Rights
Van Garderen et al. v. State of Montana
Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.
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Montana
Oct 2024
LGBTQ Rights
Van Garderen et al. v. State of Montana
Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.
Montana
Oct 2024
LGBTQ Rights
Marquez v. State of Montana
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their 鈥渟ex . . . has been changed by surgical procedure.鈥� The ACLU, the 桃子视频of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
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Montana
Oct 2024
LGBTQ Rights
Marquez v. State of Montana
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their 鈥渟ex . . . has been changed by surgical procedure.鈥� The ACLU, the 桃子视频of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
U.S. Supreme Court
Aug 2024
Voting Rights
Western Native Voice v. Jacobsen
The 桃子视频, 桃子视频of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥� HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.
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U.S. Supreme Court
Aug 2024
Voting Rights
Western Native Voice v. Jacobsen
The 桃子视频, 桃子视频of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥� HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.
Montana
May 2024
National Security
Alario v. Knudsen (Amicus)
In April 2023, Montana鈥檚 state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression鈥攐ne that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans鈥� constitutional right to freedom of speech鈥攖hat鈥檚 why the ACLU, 桃子视频of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of 鈥渘ational security鈥� or anti-China rhetoric.
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Montana
May 2024
National Security
Alario v. Knudsen (Amicus)
In April 2023, Montana鈥檚 state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression鈥攐ne that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans鈥� constitutional right to freedom of speech鈥攖hat鈥檚 why the ACLU, 桃子视频of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of 鈥渘ational security鈥� or anti-China rhetoric.