News & Commentary

The ACLU of Montana today launched its first-ever statewide voter mobilization effort about the urgent civil liberties and civil rights issues -- including access to abortion -- at stake in the 2020 election. The Montana governor’s race is the focus of the voter education push. The ACLU of Montana does not support, oppose, or endorse candidates. The goal of this campaign is to inform voters on the candidates’ positions and how those positions could impact the lives of Montanans. “Civil rights and civil liberties, like abortion rights, are under attack, and that’s why we decided to get involved in this election,” said Caitlin Borgmann, executive director with the ACLU of Montana. Through its voter outreach and education work, the ACLU of Montana will reach over 100,000 voters throughout the state. Through mailers and digital ads, the organization will publicize the stance of gubernatorial candidates Mike Cooney and Greg Gianforte on issues including abortion and access to mental health and substance use disorder services. The ACLU of Montana sent a questionnaire to the gubernatorial candidates in August. Lt. Governor Cooney answered that he would veto any legislation that bans or restricts abortion.  Congressman Gianforte did not answer the questionnaire but has publicly stated that he supports overturning Roe v. Wade. Gianforte also cosponsored a 2019 bill that would have criminalized abortion providers wherein they could face up to five years in prison.“Abortion rights are on the line in this election. Our goal is to protect the right of abortion in Montana and protect medical providers from being criminalized for performing abortions by ensuring that people are informed before they vote,” said Borgmann. The questionnaire also included questions pertaining to LGBTQ equality, criminal legal reform, and Indigenous Justice. The ACLU of Montana is a nonpartisan organization that does not endorse or oppose any candidate for office. The ACLU’s goal is to promote voter education and voter participation.

The ACLU of Montana filed a brief on Monday with the Montana Supreme Court arguing that a district court’s degrading and humiliating punishment of two men who lied about serving in the U.S. military is unconstitutional.   

A Montana court permanently struck down a state law today that severely restricted the right to vote for Indigenous people living on rural reservations.

A diverse group of public interest and grassroots organizations including the ACLU of Montana has formed the Montana Coalition for Public Safety. The group’s goal is to work with lawmakers, political leaders, and community leaders, to build a just, fair, and accurate justice system that makes Montana safer for everyone. 

An Administrative Law Judge with the Montana Department of Labor and Industry today found that Yellowstone County unlawfully discriminated against a transgender woman during her time as an employee with Yellowstone County. According to the ruling, gender identity is protected by the Montana Human Rights Act. Building on the U.S. Supreme Court’s recent ruling in Stephens v. Harris Funeral Home, the Court found health care plans cannot categorically exclude coverage for gender affirming care, meaning that an employer may not deny medically necessary health care to employees solely because of their transgender status.

The ACLU of Montana and community members today shared with Members of the Law and Justice Interim Committee about the challenges faced by individuals returning to their communities after being incarcerated or otherwise involved with Montana’s criminal legal system.  The ACLU of Montana and other advocates asked the committee to study ways to improve reentry programs and keep this issue on the table during the 2021 legislative session. 

Yellowstone County District Court has blocked a state law that severely restricts the right to vote for Native Americans. 

Motion to freeze hiring in Helena Police Department until further community ciscussion passes City Commission.The ACLU of Montana provided testimony at a Helena City Commission Meeting on Monday June 29, 2020 in support of a motion that could pave the way to ending policing in Helena’s schools.  Montana Human Rights Network, The Montana Racial Equity Project, Montana Women Vote, and Montana Coalition Against Domestic and Sexual Violence are also in support of divesting resources away from funding police in Helena’s schools, and reinvesting those resources in services that would benefit the entire community, including students and young people.  “Police don't belong in schools,” said SK Rossi, Policy and Advocacy Director with the ACLU of Montana. “Instead, students need access to well-trained mental health professionals to guide and support them through tough times. Responding to student misbehavior by criminalizing it only harms students, their families, and our communities.  There are better, research-based ways to keep our students safe.  Tonight’s motion is a step in the right direction.” According to national research, schools with police are not any safer for students.  A report issued in 2019 by the ACLU of Montana showed that schools in Montana with police generally have higher rates of arrests, referrals to law enforcement, and out-of-school suspensions.  Black, Indigenous, and Latinx students experience disproportionate rates of punishment and police interactions, as do students with disabilities. Helena Public Schools are not immune to the trends seen across the state, and the country. In the 2015-16 school year:

***UPDATE: A Missoulian article from June 12 includes some of the young man's experience, addressing the June 6th story that did not include the harrassment and fear that this young man endured when being chased down by armed people and handcuffed by police.***“Police have a duty to protect the right of people to protest. At the Missoula protest for Black Lives on June 5, the police failed in that duty. Seemingly taking the law into their own hands, armed men chased down and detained a Black protester and held him until police arrived.  In Missoula, at a protest for Black lives, a young Black person was not safe from harassment and harm. Where were the police to protect him? Did the police question or detain the armed men for their actions?  What occurred on Friday is just one example of many we are seeing across the country -- due to racism and white supremacy, Black people are not safe in this country. Missoula is not immune to the disease of racism and white supremacy. We must do better.”  Zuri Moreno, Policy Associate, ACLU of MontanaThe Missoulian published an inaccurate account of the incident in their paper on June 6. This is part of the problem. Below is this young man’s account in his own words. For safety reasons, the individual has chosen to remain anonymous. Read on:“On Friday I attended the BLM Missoula protest at the courthouse. A militia group noticed my face was covered, decided that I was suspicious and began to follow me. When I was at the protest, I took a video of them talking about the mask I was wearing and I felt threatened. Two people at the protest checked in with me to make sure that I was ok. I told them that I felt like I needed to get out of there because I felt threatened.I biked off as the militia group began to follow me. They were following me on foot and in trucks. I turned around thinking I lost them and I was cornered in the street, so I moved towards an alleyway adjacent to the court house. I said hi to an armed guy who was waiting there for me and he signaled to his group. Then I was circled by the militia who were all armed with firearms.They knocked me off my bike hard enough for my phone to fall while I was recording them and “detained” me. The militia refused to let me go unless I showed my identity. But, I refused to show them my identity because I felt like this is what happened to Ahmaud Arbery and I was afraid they were going to kill me.Thankfully I am still alive to tell you about this. They told me they were a protective group fighting off bad guys, but I was a protestor so I didn’t understand why they were chasing me. I still refused to show my face so they could take a picture because I was afraid for my life. They could see my hands and knew I was African American, but they wanted to see my face and take a picture of me. When I refused to show my face they didn’t like that so they moved in on me. I waited for a gap in the gang and took off running as fast as I could. I made it onto the court house yard while they chased after me. I was tripped and fell to the ground and they piled on top of me. One of them said, “Put your hands behind your back or we’re breaking your fucking fingers”. Law enforcement showed up, got them off of me and put me in handcuffs.