Alex Rate, a lawyer for ACLU Montana, said Friday evening it’s too early to know what legal challenge might come after Gianforte signed HB 112. But Rate pointed to a similar law that Idaho passed but is now on hold after a court struck it down. The U.S. 9th Circuit Court of Appeals heard that case this week. Idaho Falls Republican Rep. Barbara Ehardt, who carried that state’s bill, testified during Montana’s legislative session in support of HB 112.
“Once again, the Legislature is spending taxpayer dollars to pass patently unconstitutional legislation,” Rate said. “It was just last year that a district court in Idaho held that a very similar trans sports ban was unconstitutional and violated the equal protection clause, and it’s the same here in Montana.”
Rate also said Montana’s state Constitution has a stronger right to privacy than other states’, as well as the U.S. Constitution.
“Regardless of what happens in the federal courts, we believe that legal…