Thursday, February 23, 2023

Anti-transgender legislation fight in Montana

fawn

January 2024

"Over 10,000 Christians signed a petition that condemned the banning of Representative Zooey Zephyr, a Montana Democrat and the state's first transgender lawmaker, from the state's House floor on Wednesday after she reportedly breached decorum.
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'If you vote yes on this bill [Senate Bill 99, which banned gender-affirming care for minors], I hope the next time you bow your heads in prayer, you see the blood on your hands,' Zephyr said. In response, Republican House Speaker Matt Regier deemed her statements as a breach of decorum. As a result, she was barred from the House floor in a 68-32 vote, meaning that she will not be allowed to debate or speak on legislation for the remainder of session, which ends next week." — Thousands of Christians Condemn GOP's 'Fascist' Silencing of Trans Lawmaker, Fatma Khaled, Newsweek, April 30, 2023

Breached decorum? What?

Who makes a "blood on your hands" comment? Senator Lindsey Graham (R–SC) on January 31, 2024. You will hear zero Republicans tell him that he breached decorum.

CSPAN tweets on January 31, 2024 that Sen. LindseyGrahamSC said: 'Mr. Zuckerberg, you and the companies before us, I know you don't mean it to be so, but you have blood on your hands. You have a product that's killing people.'

What the Republicans don't like is dissent. Especially when a trans person does it.

June 2024

News:

"A judge on Tuesday [June 25, 2024] struck down a Montana law that defined 'sex' in state law as only male or female, finding that it was unconstitutional.
District Court Judge Shane Vannatta in Missoula ruled the law, passed last year, violated the state constitution because the description of the legislation did not clearly state its purpose."
— "Judge strikes down Montana law defining sex as only male or female for procedural reasons," AP, June 25, 2024

See also: Montana Judge Overturns Law Erasing Transgender Legal Recognition: Senate Bill 458 ended legal recognition for transgender people in the state. A Montana judge has ruled that the bill's title is unconstitutionally vague. Erin Reed, June 26, 2024

"On Feb. 18, [2025,] a Montana judge struck down, for the second time, a bill [SB 458] seeking to unconstitutionally define sex and gender under state law. ... The Montana Attorney General’s office, under Republican Governor Greg Gianforte, functionally argued that, because non-cisgender people are a minority of the population, the law was inconsequential. The courts denounced this assertion. “It has never been the law in this state that a rare few, even if they are ‘despised,’ should lack protection under the law,” the ruling reads."
— S. Baum, "Intellectually and Morally Indefensible": Montana Court Blocks Trans-Exclusionary Law Defining Sex “It is the right decision, not only for us Plaintiffs but for every Montanan’s right to privacy.”, Erin in the Morning, Feb 19, 2025

December 2024

Look at the connection to climate. A couple of recent pro-trans rulings out of Montana, and now this:

Whoa—the Montana Supreme Court holds that its state constitution protects the right to "a stable climate system," and strikes down a law that barred consideration of greenhouse gas emissions when permitting new fossil fuel projects. juddocumentservice.mt.gov/getDocByCTra...

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— Mark Joseph Stern (@mjsdc.bsky.social) December 18, 2024 at 1:17 PM

May 2025

"A state judge in Montana has permanently struck down SB 99, a law which sought to ban gender-affirming care for Montana youth under age 18.
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...[but] permitted such treatments to remain readily available for children deemed “cisgender” by doctors, and for intersex children whose parents are often coerced into consenting to irreversible, life-altering genital surgeries for their infant children.
It also defined sex in binary and immutable terms.
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As the court ruling declared, “the State’s interest is actually a political and ideological one: ensuring minors in Montana are never provided treatment to address” their gender dysphoria.
“In other words, the State’s interest is actually blocking transgender expression.”
Montana Court Issues Final Blow to Anti-Trans Health Care Law: A judge found that the law's premise is not scientific, but “political and ideological.” s. baum, Erin in the Morning, May 14, 2025

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