April 4, 2025, marks day 66 of the Montana legislative session. And what a few busy weeks it has been!
On March 27 Governor Gianforte signed House Bill 121 into law. Within hours, in partnership with the ACLU and Legal Voice, the ACLU of Montana filed a complaint against the state of Montana over the newly enacted law, which stigmatizes and discriminates against transgender, intersex, and gender-nonconforming Montanans by effectively barring access to public facilities.
On April 2, the District Court of Missoula issued a Temporary Restraining Order, blocking the new law from being enforced. The Court held, “[The Act] is motivated by animus and supported by no evidence that its restrictions advance its purported purpose to protect women’s safety and privacy." The Court will hear additional arguments regarding HB 121’s constitutionality on April 21 at 1pm in Missoula.
Back at the State Capitol, the Montana Legislature continues advancing bills motivated by animus, including new attempts to disenfranchise voters.
Senate Bill 490 - OPPOSE
This bill severely restricts the ability for voters to late-register and cast a ballot on election day. Studies have shown that election day registration has permitted tens of thousands of voters to cast a ballot in Montana elections, and that it is significantly utilized by historically disadvantaged groups, including Indigenous voters, disabled voters and young voters. SB 490 is similar to a law passed in 2021 that also restricted election day voter registration, and which was ultimately struck down as unconstitutional by the Montana Supreme Court.
Currently, SB 490 has passed through the Senate and House State Administration Committee, with a full vote on the House side next. Let your voice be loud and clear-- The constitutional right to vote should not be restricted in Montana. Click here to send a message to your elected leaders and tell them NO on Senate Bill 490.
House Bill 395 - OPPOSE
This bill threatens to disenfranchise voters who would otherwise be qualified to vote by defining “penal institution” and “unsound mind” in breathtakingly broad terms. Those definitions are critically important because our constitution provides that “any citizen of the United States 18 years of age or older who meets the registration and residence requirements provided by law is a qualified elector unless he is serving a sentence for a felony in a penal institution or is of unsound mind, as determined by a court.” With this bill, those people who are caught up in the carceral system, but not necessarily imprisoned (for example, residents of the Warm Springs State Hospital, or prerelease centers) may not be able to vote.
We encourage you to reach out to your elected officials and ask them to vote NO on HB 395.
Moving to the critical work of protecting democracy:
Senate Bill 543 - OPPOSE
This bill permits Montana Supreme Court candidates to declare party affiliation during elections, improperly politicizing our judiciary. Our courts have been nonpartisan and apolitical for a century. Politics have no place in judicial elections. This bill is scheduled for a hearing in the Senate Judiciary. We encourage you to reach out to your elected officials and ask them to vote NO on SB 543.
And closing out this week’s focus, two bills harmful to the 2S-LGBTQIA+ community:
House Bill 400 - OPPOSE
This bill allows for - and in fact encourages - misgendering individuals as part of an attack on trans students in schools. It also invades individual privacy and erodes civil rights protections through an increased government role in personal decisions. We encourage you to reach out to your elected officials and let them know that schools are a place where all children should be able get a quality education, regardless of their gender. Vote NO on HB 400.
House Bill 471 - OPPOSE
This anti-trans bill targets the so called “woke ideology” by requiring parent or guardian permission for a child to receive education about gender identity. Attacks on trans students in schools are part of a larger effort to return to rigid rules about how boys and girls, or men and women, can exist in our society; and as part of a collective effort to remove people from our society when they do not look, sound, pray, and form families the way that certain politicians think they should. We encourage you to reach out to your elected officials and ask them to vote NO on HB 471.
Remember, the second half of the session always moves fast. Please stay up to date with more information on the bills we are tracking by visiting our website for details on our Legislative Advocacy page. Additionally, there are resources on how to engage in the legislative process and add your voice in support of civil liberties at our state legislature.
Though there remain challenges, we at the ACLU of Montana remain steadfast, and focused on civil rights for all Montanans. In a spirit of gratitude, we thank you for working alongside us to preserve civil rights in Montana. We couldn’t do it without you!
