I have a copy of the decision but no way to post it as it is not on courtlistener. If anyone has a way to publicly host it or has a link I'll be glad to share.
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Well, technically, I think this is precedence based decision-making. Evidence-based would be clinical and empirical. This is case law, so it's more vibes and jibes.
There is no compelling state interest in eviscerating protection against sex discrimination for individuals whose gender identities do not align with their biological sex, as such interest would be permitting sex discrimination towards a minority population, in violation of the policy of the State
Honestly tearing up at this. I don't live in Montana, but this is a very important precedent to set, and I'll take what hope I can get. I hope other courts can cite this ruling when fighting back against the barrage of anti-trans legislation.
District court orders don't often get cited as precedent. However, the ideas and reasoning expressed herein will be borrowed and repeated thousands of times by lawyers across the country. Perhaps even the exact words. We lawyers don't hesitate to plagiarize!
This part particularly is well reasoned - “It has never been the law in this state that a rare few, even if they are “despised,” should lack protection under the law.”
It appears to be based on the Montana constitution, meaning that it would not raise a federal question for the federal courts to have jurisdiction over.
I believe this is an appropriate copy of the filing. The MT district court site appears not to be... digitally coherent or well established enough to do a records search online. The MT ACLU seems to have this good copy.
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otherwise, what’s the wait for courtlistener?
This decision is FIRE!
https://www.documentcloud.org/documents/25539329-2025-02-18-order-granting-summary-judgement/
I believe this is an appropriate copy of the filing. The MT district court site appears not to be... digitally coherent or well established enough to do a records search online. The MT ACLU seems to have this good copy.