On October 17, 2017, the ACLU of Montana challenged the constitutionality of the anti-LGBTQ I-183 ballot initiative. Ten Montanans and the City of Missoula signed on as plaintiffs to the legal challenge. The ballot initiative seeks to prevent transgender and gender-nonconforming Montanans from using public facilities that correspond with their gender identity by restricting access to public facilities in public spaces, such as libraries, parks, and schools. I-183 would bar trans Montanans from full and equal participation in public life and nullify many of their constitutional rights.
The lawsuit was filed in the Eighth Judicial District Court, Cascade County, on behalf of seven transgender Montanans, two parents on behalf of their transgender daughter, and the City of Missoula. The lawsuit asks the court to declare the initiative unconstitutional and prevent the Secretary of State from placing it on the 2018 ballot.
“I-183 violates numerous constitutional rights, depriving transgender Montanans of equal protection under the law and burdening their fundamental rights to privacy, dignity, and due process,” explained Caitlin Borgmann, Executive Director.
It is anticipated that a final ruling on I-183’s constitutionality will be rendered prior to the November 2018 election.