News & Commentary

The Montana Human Rights Bureau last week released a finding in support of a transgender woman who experienced unlawful discrimination during her time as an employee for Yellowstone County.Eleanor Andersen Maloney, a transgender woman, was denied all gender-affirming healthcare under Yellowstone County’s Group Health Benefit Plan. According to the complaint -- filed by the ACLU of Montana in September of 2018 -- Eleanor belongs to a protected class on the basis of her sex, but the County discriminated against her because she is a transgender woman. Under both state and federal law, discrimination against people for being transgender is a type of sex discrimination.The Montana Human Rights Bureau found that“[i]f an insurance product carves out medical procedures, relying only on a person’s status as transgender as the determinative criterion, this is a distinction based on sex and it violates the Montana Human Rights Act’s insurance provision.” According to the investigative report, “the County is denying medical procedures related to changing from one sex to another sex.  If Montana has a statute that says an insurance product cannot discriminate on the basis of ‘sex’ and an insurance product denies coverage for procedures involved in changing from one sex to another sex, it seems like a leap of logic to argue this is not ‘sex’ discrimination.”After the County denied Ms. Maloney multiple requests for pre-approval of coverage for medically necessary gender-affirming healthcare services, she filed formal grievances with Yellowstone County Human Resources, and ultimately filed a complaint with the Montana Human Rights Bureau.  The County had denied all of her requests, and even denied payments for Ms. Maloney's therapeutic counseling - a service that was covered until the County found out that the sessions were for treatment of gender dysphoria.“It’s very simple: discrimination on the basis of gender identity is illegal,” said Elizabeth Ehret, ACLU of Montana Attorney. “Yet, the only reason Eleanor was denied coverage for her healthcare was because of her gender identity. We are pleased with the findings of the Montana Human Rights Bureau and hope this leads to a change in Yellowstone County’s policy.”The complaint sites that the discrimination against Ms. Maloney was unlawful under the Montana Human Rights Act, the Montana Constitution, the Federal Constitution, Title VII of the Civil Rights Act, and the Affordable Care Act.“I was denied medically necessary coverage because of an outdated and discriminatory insurance practice,” said Eleanor. “It hurts to be treated differently just because of who you are.”

Anybody who has family members struggling with addiction — or struggles with it themselves — knows that increased penalties will not help Montanans.  Instead of further punishing people by criminalizing addiction, the state could improve people’s lives and make our communities safer by spending tax dollars on prevention and treatment services. Kudos to the House Judiciary Committee for voting against HB 534. SK Rossi, Advocacy and Policy Director

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The ACLU of Montana and the ACLU Immigrants’ Rights Project filed a class-action lawsuit this week on behalf of people unlawfully jailed at the Gallatin County Detention Center at the request of U.S. Immigration officials. According to the complaint, Gallatin County officials are exceeding their authority under Montana law by imprisoning people on the grounds that they may have committed a civil violation under federal immigration law. 

We’re suing CBP for violating our rights as U.S. citizens.

The American Civil Liberties Union, ACLU of Montana, and law firm Crowley Fleck PLLP filed a federal lawsuit today on behalf of two American citizens detained by United States Customs and Border Protection for speaking Spanish while shopping at a local convenience store in Havre, Montana.

Illegal arrests and seizures reflect an out-of-control agency emboldened by Trump’s anti-immigrant agenda.

"Debt-based driver’s license suspensions are a heartless penalty on poverty. Worse - this penalty is nonsensical. Taking away a person’s ability to get to work is an ineffective way for the state to collect money.  It’s pretty simple: if you can’t get to work, you can’t pay off debt.

"We are monitoring reports that certain units at the Montana State Prison lack adequate heat.  We understand that the facility is having problems with its boilers, and that cell windows are covered in frost. During this brutal cold spell it is the responsibility of MSP to provide necessary heat to individuals in its custody. Depriving people who are incarcerated adequate warmth is cruel and unusual punishment and is blatantly unconstitutional. It doesn’t matter what it takes, MSP and the Department of Corrections must fix this issue now.