News & Commentary

If passed into law, HB 112 and HB 113 will cause irrevocable harm to trans youth. We’re disappointed to see that the House Judiciary Committee is more interested in passing hateful laws than supporting trans youth in Montana.  As these bills move to the floor of the House, we hope lawmakers listen to Montana business leaders, medical professionals and associations, religious leaders, parents, and trans youth and oppose these harmful bills.  If these discriminatory bills pass -- we will sue, and we will win.  Trying to defend laws in court that stigmatize and target trans youth doesn’t seem like a good use of taxpayer dollars to us.  

Voting is a fundamental right and the cornerstone of our democracy.  Yet, we know that too many populations in Montana, including Indigenous communities, have historically been -- and continue to be -- disenfranchised. Montana lawmakers should be working to expand access to the ballot. Instead some are introducing legislation like HB 176 that attacks voting rights by making it harder for people to access the ballot. Knowing that Montanans overwhelmingly rejected these same voter restrictions in 2014 is another reason lawmakers should oppose this bill. Caitlin Borgmann, Executive Director, ACLU of Montana

“We hope to see lawmakers take the momentum from the 2019 session and continue to support solutions to bring justice to Native people and communities.  Reauthorizing the Murdered and Missing Indigenous Person Task Force and grant program is an important step forward. In addition, establishing a Missing Persons Review Committee and a Missing Persons Response Team training grant program is crucial in that it will unite communities and people of different backgrounds and authorize both the state-wide analysis and community-based solutions and training that are necessary to bring justice and safety to communities. It’s impossible to overstate the harms the MMIW epidemic has had -- and continues to have -- on the lives of Native people across Montana and across the country. As a community, for years we have mourned the deaths and disappearances of far too many family and community members with no justice in sight. No family or community is immune to the pain caused by this tragic epidemic. When it comes to MMIW, these bills are essential to begin to eliminate the barriers to justice faced by Native people.”

"Make no mistake: these bills target and attack trans youth and will cause them serious and lasting harm. We cannot let fear mongering and lies about what it means to be transgender result in laws that would stigmatize trans youth, harm families and communities, and drive businesses away from Montana. Trans youth deserve respect and dignity for everything they are. These anti-trans bills are not welcome in Montana. If they pass the legislature, there’s no doubt -- we will sue." Caitlin Borgmann, ACLU of Montana Executive Director

More than 150 business leaders from across Montana have signed onto a letter that will be sent to members of the House Judiciary Committee asking lawmakers to oppose anti-trans legislation, HB 112 and HB 113. Both bills were introduced by Rep. John Fuller (R-Kalispell).

In a ruling Friday, the Montana Supreme Court vacated Steven Keefe’s life without parole sentences and remanded his case to the Eighth Judicial District Court for resentencing. Steven Keefe is represented by Phillips Black and ACLU of Montana. “Today, the Montana Supreme Court recognized what many other courts already have – that sentencing a juvenile to life without parole is akin to a death sentence," said John Mills, Steven Keefe’s attorney and principal attorney at the Phillips Black Project. "By vacating the life without parole sentences, the Court gives Steven Keefe the opportunity to present evidence of his significant rehabilitation. As a result of this order, we expect that the Eighth Judicial District Court will provide Mr. Keefe with a sentence that gives him a hope for release. Mr. Keefe committed a serious crime in 1985 when he was 17 years old and was sentenced to die in prison. It was the height of nationwide concern about a wave of teenage super predators, unfounded fears that never came to pass in Montana or any other state. Mr. Keefe has used his three and a half decades in prison to reflect on the pain he caused and has expressed sincere remorse to spiritual advisors and mental health counselors. He has shown a strong work ethic and has continually received high marks from his supervisors, as the past and present wardens of the prison have attested. His Catholic faith and participation in programs for self-improvement have placed him on a path toward redemption and rehabilitation. He has done everything in his power to turn his life around.” 

Freedom, equality, privacy, and justice are values that many Montanans hold dear. Indeed, we are taught from a very young age that these concepts represent the basic foundation of our democracy.While these are the values that should guide our lawmakers as they return to Helena for the 2021 Montana legislative session, we’ve already seen multiple bills filed that would harm people and erode our basic civil rights and liberties.  Here are some issues of freedom and equality that are at stake in our state this legislative session.  We must protect the the fundamental right to an abortion. The complex and often difficult decision to have an abortion is deeply personal, and we cannot presume to know every person’s individual circumstances or needs. This decision should be left to the pregnant person, not politicians. Efforts to ban or create barriers to constitutionally protected abortions are an attack on the basic right to privacy. The government has no place between doctors and their patients, and Montanans should not have to justify their personal medical decisions to the government.  We must fight the expansion of President Trump’s draconian anti-immigrant policies and practices. Immigrants are part of our families and communities and should be able to go about their daily lives without living in fear of local police. Some lawmakers this session want to force local law enforcement to act as federal immigration agents. This erodes the trust between law enforcement and the communities they are meant to serve, making us all less safe.  In fact, the Major Cities Chiefs Association, the Presidential Task Force on 21st Century Policing, and law enforcement leaders from across the country have all adopted positions opposing local entanglement with immigration enforcement on the ground that it harms public safety. We must ensure the equality and dignity of trans youth. Trans, two-spirit, and nonbinary youth deserve to be treated the same as everybody else. We know that when young people are supported by their families and communities, they thrive. When trans youth are not supported, they have worse health outcomes, lower self-esteem, and higher rates of suicide. Trans people deserve respect, equality, support, and freedom to live their lives. Given how much anti-trans laws and attitudes harm (and sometimes kill) young people, it is unconscionable that Montana lawmakers would consider supporting bills that infringe on the rights and freedoms of trans youth. Yet we’ve already seen two bills introduced, including legislation that would ban young trans athletes from participating in athletic activities consistent with their gender and legislation that would  ban gender-affirming healthcare for trans youth....  Continue reading. This piece was originally published in the Helena Independent Record.   

While a dozen senators, including Senator Steve Daines, have stated their plans to object when members of Congress meet today to count and confirm the Electoral College votes, in a letter sent today, the American Civil Liberties Union urged Congress to oppose the efforts led by President Trump to trample the will of the American electorate. These efforts to undermine the will of the voters are unprecedented in U.S. history and have no legal basis.

 The 2021 Montana State Legislative session started this week. With a new administration that isn't aligned with our values on numerous issues, plentiful bills that attack the rights and liberties of Montanans, and the realities of the COVID-19 pandemic, this legislative session will test us.Together with our partners, we're ready to face these challenges head-on. Our list of priorities this session includes:•    Reforming our harmful, unfair, and wealth-based criminal legal system.•    Supporting Indigenous people and communities as they work to uphold their sovereignty, dignity, and autonomy.•    Protecting the dignity and equality of LGBTQ Montanans, including trans and non-binary youth.•    Protecting reproductive freedom in Montana.•    Ensuring our communities are welcoming and safe for immigrants.•    Protecting all Montanans' right to vote in a safe and accessible manner.