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.