Montana
Held v. Montana
In 2020, in Held v. Montana, sixteen youth plaintiffs challenged Montana’s energy policy as violating the Montana Constitution. After several years of litigation, the Montana Supreme Court affirmed that Montanans have a constitutional right to a clean and healthful environment.
In January 2026, Montana youth filed a second case, Held II, to enforce the Court’s decision after the Legislature enacted new laws that the plaintiffs contend undermine the constitutional protections recognized in the Court’s earlier decision and permit continued approval of fossil fuel projects that worsen climate harms.
The State moved to transfer Held II to a different district under SB 97, a law that gives the government a special right to forum shop in cases challenging new laws and makes it significantly harder for Montanans to pursue such challenges. SB 97 thus raises serious access-to-justice concerns in this case and any others in which people are seeking relief from allegedly unconstitutional laws.
Status: Closed
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20 Montana Cases
Montana
Aug 2026
Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.
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Montana
Aug 2026
Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.
Montana
Jul 2026
LGBTQ Rights
Marquez v. State of Montana
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
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Montana
Jul 2026
LGBTQ Rights
Marquez v. State of Montana
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
Montana
Jul 2026
LGBTQ Rights
Cross v. State of Montana
Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.
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Montana
Jul 2026
LGBTQ Rights
Cross v. State of Montana
Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.
Montana
Jul 2026
LGBTQ Rights
Kalarchik v. State of Montana
After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.
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Montana
Jul 2026
LGBTQ Rights
Kalarchik v. State of Montana
After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.