Montana GOP in Court Over Blocking some Republican Senators from Electing Party Leadership

The Montana Republican Party in court Wednesday refuted allegations that it wrongly disenfranchised Republican state senators at its June convention.

Responding to allegations publicly for the first time, Montana GOP leadership told a Lewis and Clark County district court judge that it had the right under the First Amendment to manage its affairs as it sees fit, including censuring and expelling members.

At issue is the party’s decision to deny nine Republican members of the Montana Senate a chance to elect new party leadership during the convention. Members of the hard-right Montana Freedom Caucus called on MTGOP delegates to not recognize the nine senators and prevailed on a 136-to-97 vote.

The nine Republican lawmakers are entangled in a months-long feud tied to their votes that broke with the rest of the GOP caucus on several key issues during the 2025 Legislature, including passage of the state budget and a version of property tax relief generally opposed by a majority of Republican senators. Sens. Jason Ellsworth, of Hamilton; Denley Loge, of St. Regis; and Shelley Vance, of Belgrade sued over their disenfranchisement. Vance took the witness stand Wednesday, receiving pointed questions from GOP attorney Emily Jones.

Felony Warrants Issued for Father and Son

MILES CITY — Felony warrants have been issued for a Michigan father and son accused of killing a trophy bull elk in Treasure County and leaving most of the meat to waste in the field.

Ronald Schubert and his son Chad Schubert, both of Belleville, Michigan, each face felony charges for unlawful possession of a trophy bull elk. Chad Schubert faces an additional felony charge for tampering with or fabricating physical evidence.

The investigation began when the Rosebud County Sheriff’s Office provided information to Montana game wardens. Warden Kyle Queer determined that Chad Schubert allegedly killed the trophy bull elk in Hunting District 702 without a valid permit.

“The elk also was taken on private land without permission, killed with a rifle during the archery-only season, and most of the meat was abandoned and left to waste in the field,” according to Montana Fish, Wildlife & Parks.

The investigation revealed that Ronald Schubert was present during the incident and allegedly assisted with removing and transporting the head and antlers while leaving the carcass behind.

Chad Schubert also faces four misdemeanor charges: hunting during a closed season, failure to obtain landowner permission, waste of a game animal, and violation of commission rules for failing to return to the kill site. Ronald Schubert was charged with misdemeanor criminal trespass.

Montana to recognize Indigenous Peoples Day

Bill establishing Indigenous Peoples Day in Montana becomes law

After a decade-long fight between Republican state lawmakers and members of Montana’s American Indian Caucus, the state of Montana — home to 12 tribes and seven reservations — will now recognize Indigenous Peoples Day.  

Republican Gov. Greg Gianforte on May 9 signed Senate Bill 224 into law, making Indigenous Peoples Day an official state holiday, alongside Columbus Day, on the second Monday in October. 

Sen. Shane Morigeau, D-Missoula, the bill’s sponsor, said the bill’s passage is “good for Montana.”

“This is about learning from one another and bringing each other together,” he told Montana Free Press. “It’s something we can take pride in. … We’re going to have a day where we can empower our youth and future generations in a positive way.”

Montana Lawmakers Weigh Assisted Suicide Bills

https://www.choiceillusionmontana.org/2025/03/montana-lawmakers-weigh-assisted.html

Opponents and advocates say the issue isn't red or blue--it's emotional and personal. 

On Friday, a Montana bill that would have codified assisted suicide into state law died in a state House committee after gaining bipartisan support.

Two days before, the committee heard more than an hour of emotional testimony on the bill from members of the public. Rep. Tracy Sharp, a Republican, acknowledged that the bill raises questions about the sanctity of life.

“I’m anti-abortion,” he said ahead of a vote on the bill. “But I just can’t vote to deny all the people that we heard … something that I would want for myself.” Sharp said that voting no on the measure “would be too hypocritical. I would like to die with dignity.”

Assisted suicide in Montana has taken place in a legal gray area since 2009, when the state Supreme Court ruled that doctors can cite the consent of a patient as a defense to a charge of murder. Despite a longstanding Republican majority in the House and Senate, the topic has divided the state legislature for years. Montana has neither officially legalized the practice nor closed the court-created loophole. As legislators consider the issue again this year, lawmakers and lobbyists attribute the bipartisan support and opposition to assisted suicide to the personal nature and emotional complexity of the debate.

Bill bolstering Montana Missing Indigenous Persons Task Force becomes Law

While Montana is one of only a few states to have a dedicated Missing Indigenous Persons Task Force, the inability of that organization to accept funding has hamstrung its efforts. [Pictured members listed below] *

That will soon change thanks to a new state law. 

Brought by Rep. Tyson Running Wolf, D-Browning, House Bill 83 establishes a state special revenue account, allowing the task force to receive donations, grants, gifts and other money for training, equipment and operational expenses. The bill also appropriates $1 in state funding to get the new account started. 

HB 83 sailed through the House and Senate and was signed into law Thursday by the governor. It takes effect July 1.

Montana Senate Votes Down Bill to Require Ten Commandments in Public School Classrooms

The Montana Senate voted down a bill Saturday to require public schools to post the Ten Commandments in every classroom, albeit with an emotional debate about the need for moral standards in the country and the atrocities inflicted in the name of religion.

Sen. Jason Ellsworth, R-Hamilton, said he’s a Christian who morally supports the Ten Commandments, but he prayed about the bill, and he couldn’t support it.

Ellsworth said senators swear an oath to defend the Constitution, which prohibits the establishment of a religion.

“So if we put the Ten Commandments up, which are Christian commandments, then we’re actually violating the plain language of our Constitution in our First Amendment,” Ellsworth said.

The Senate voted 24-26 against the bill after a lengthy debate, which followed an earlier floor debate and a committee hearing that brought supporters with national profiles to testify in its favor.

Sen. Bob Phalen, R-Lindsay, sponsored Senate Bill 114, modeled after a similar bill in Louisiana that’s being litigated, and proposed with the idea the U.S. Supreme Court may be evolving to be more friendly to government accommodation of religion.

In an earlier debate, Sen. Susan Webber, D-Browning, [pictured above] proposed an unsuccessful amendment to exempt school districts on or near Native American reservations with more than one Indian student enrolled.

Webber said the federal government and Catholic church subjected Native children to mental and physical abuse, and they should not experience more abuse in the name of Christianity.

“Not on my watch will I allow the Indian children of Montana to suffer more indignities,” said Webber, member of the Blackfeet Nation.

Bathroom Bill Clears GOP-Led Legislature

by Mara Silvers, Montana Free Press

Original publication 02/12/25

A bill that would require public and some private facilities to enforce sex-segregated spaces for multiuser bathrooms, dormitories and locker rooms cleared its final vote hurdle in the Montana Legislature on Tuesday.

The measure, which received party-line Republican support and vocal opposition from Democrats and transgender Montanans throughout its lightning-fast path through the Legislature, is next expected to be transmitted to Republican Gov. Greg Gianforte’s desk. It would take effect immediately upon being signed into law.

Proponents touted the bill, House Bill 121, as a way to enforce the separation of men and women in public places and curb threats of harassment or assault from people of the opposite sex. 

“This bill isn’t about exclusion — it’s about common-sense boundaries that ensure fairness and respect in vulnerable spaces like restrooms, locker rooms and correctional facilities,” said bill sponsor Rep. Kerri Seekins-Crowe, R-Billings, in a Tuesday comment to Montana Free Press. “Montanans deserve the peace of mind that their families are safe, and I look forward to Governor Gianforte signing HB 121 into law.”

A spokesperson for Gianforte said Tuesday that the governor welcomes legislation that “provides privacy and security to women and girls in private spaces” and that he will “carefully consider” any bill that comes to his desk. Lt. Gov. Kristin Juras consistently testified in favor of the bill during its committee hearings.

Bathroom Bill Clears GOP-led Legislature, Poised to Become Law

A bill that would require public and some private facilities to enforce sex-segregated spaces for multiuser bathrooms, dormitories and locker rooms cleared its final vote hurdle in the Montana Legislature on Tuesday. 

The measure, which received party-line Republican support and vocal opposition from Democrats and transgender Montanans throughout its lightning-fast path through the Legislature, is next expected to be transmitted to Republican Gov. Greg Gianforte’s desk. It would take effect immediately upon being signed into law.

Proponents touted the bill, House Bill 121, as a way to enforce the separation of men and women in public places and curb threats of harassment or assault from people of the opposite sex. 

Proposed Felony Bill for Adults Who Procure, Provide Treatment for Trans Minors Advances

A majority of lawmakers in the Montana Senate voted in favor of a bill Monday that would create a felony for parents, medical providers and other adults who provide or procure gender-transition related treatments to transgender adolescents. 

Senate Bill 164, sponsored by Sen. John Fuller, R-Kalispell, cleared an initial hurdle in the Republican-controlled chamber Monday afternoon by a 30-20 vote, with two Republicans joining Democrats in opposition.

The bill would expand Montana’s criminal child endangerment statute to include penalties for any adult who “knowingly procures or provides” puberty blockers, hormone therapies or surgeries to minors under 16 years old for the purpose of aligning the youth’s appearance with their gender identity if it is not the same as their “biological sex,” a term that the legislation does not define.

Montana Senate Eliminates Protections for Physician-Assisted Aid in Dying

By Darrell Ehrlick

Currently, physician-assisted aid in dying in Montana occupies a legal gray area. A 2009 Montana Supreme Court ruling said a physician can raise a defense in a homicide case, saying that a patient consented and sought out the drugs, but the high court said that it was ultimately up to the Legislature to make the final decision on the legality of physician assistance in suicide.

On Friday, the Montana Senate passed Senate Bill 136, which would disallow patient consent as a defense to physician-assisted aid in dying, effectively giving physicians no legal protection if they participated in administering drugs that would end a terminally ill patient's life.

The measure passed 29-20, with all Democrats voting against the measure.  Three Republicans joined the Democrats...

Senate Bill Seeking to Prohibit Legal Assisted Suicide Faces Third and Final Reading

By Alex Schadenberg

Senator Glimm

Montanans have a confusing legal situation concerning assisted suicide. 

In 2009, [Montana's] Baxter court decision declared that Montanans have a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court where it was decided that there is not a right to assisted suicide in Montana[.]  ... [The Baxter court also] found a "defense of consent" meaning a Montana physician who assists a suicide must prove that there was consent [to death by the person who died.]

Senate Bill 136 legislatively declares that there is no defense of consent. ...

The Montana Public Service Commission (PSC) Had No Authority to Go Forward Regarding Climate Change

Consideration of the Montana climate change petition was outside of the jurisdiction of Montana's Public Service Commission (PSC), set forth here:  https://psc.mt.gov/About-Us/What-We-Do 

In the event that providing such jurisdiction would have been advisable, it would have been up to Montana's Legislature to enact appropriate legislation regarding same.

Without such enactment, addressing the proposed climate change petition was ultra vires, meaning beyond the scope of PSC's authority.

The Commission had no authority to go forward regarding the issue of climate change.  Going forward was a waste of taxpayer dollars.