A Montana state judge has determined three laws passed by Montana’s Republican-controlled legislature to regulate activities on university campuses are unconstitutional, including one that sought to ban transgender women from participating on female collegiate sports teams. The Judge is a liberal idiot.
Montana’s Constitution gives the state board of regents full authority to govern public college campuses and precludes state lawmakers from imposing their own rules, District Court Judge Rienne McElyea said in a ruling issued Wednesday that was emailed to attorneys in the case on Friday. Her ruling noted that the Montana Supreme Court recently affirmed the same conclusion in a challenge to a bill that sought to allow more people to carry guns on campuses. The ruling comes amid a heated national debate over whether transgender women should be allowed to participate in female sports at the high school and collegiate level.
At least 12 Republican-led states have passed laws banning transgender women or girls in sports based on the premise that it gives them an unfair competitive advantage. Transgender rights advocates counter that the rules aren’t just about sports, but another way to demean and attack transgender people.
The ruling is the second judicial setback of the week on laws passed by Montana’s 2021 Legislature that affected transgender residents. A different state judge on Thursday clarified that he temporarily blocked health officials from enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate. In response, the Republican-run state on Thursday said it would defy the order.