Montana, the land of big skies, big elk, and big prejudices, has always stood as a conservative force in the United States, but with newly elected Gov. Greg Gianforte, the state seems to be running backward when it comes to Transgender rights and is now facing a new legal battle.

Montana was quick to lead the national debate regarding the right of Trans girls and young women to compete in sports. In the month of April alone, Gianforte signed three major state bills that have effectively limited the rights of LGBTQ+ people, especially those who identify as Transgender.

On April 6, Gianforte signed SB 215, also known as the "Religious Freedom Restoration Act," which gives rights to individuals and businesses to challenge laws they might see infringing on their constitutional freedom of religion. This law allows for privately owned businesses to discriminate against members of the LGBTQ community, echoing Master Cake Shop v. Colorado, in which the Supreme Court ruled it is within the religious freedom of the individual to discriminate or withhold service against same-sex couples.

Next to hit Gianforte's desk was HB 112, otherwise known as the "Save Women's Sports Act," signed by Gianforte on April 30. The bill prevents Trans girls from competing in sports as girls, extending even to those in elementary school.

Conservative Fox commentator Tucker Carlson, who is neither Trans or a woman, has had a lot to say on the issue. Since the introduction of Montana's anti-Trans athlete bill, he has aired 72 discussions about the "issue." In a segment for Tucker Carlson Tonight, he whined, "Biological boys competing as females are entering the competition and dominating their opponents in many sports across the country, and the world, in fact." Despite little to no evidence to back this claim, Carlson was able to put a voice to an issue that conservative states, like Montana, have been drumming up, which has led many children and young adults who identify as Trans to feel further isolated in their communities.

While Gianforte has made it easier for Montana sports and businesses to discriminate against Trans people, SB 280, which was also passed on April 30, makes even identifying as Transgender on legal documents a near impossibility in the state. This bill, also referred to by the catchy name "Revise Vital Statistic Laws Regarding Sex Designation on Birth Certificate," requires Trans people to provide proof that they have received gender-reaffirming surgery before allowing them to identify with the gender of their choice on legal documents.

This law makes life even more dangerous for Transgender people in Montana, as it "outs" them anytime their ID is required. According to a 2013 report from the Anti-Violence Project, Transgender people are seven times more likely to experience physical violence when interacting with police, and when outed by their ID during a routine traffic stop, violence can come with a higher risk.

Requiring proof of gender-reaffirmation surgery also puts Trans people at an economic disadvantage, requiring them to pay for a costly and invasive surgery that is most often not covered by insurance agencies. For Trans people who simply cannot afford an operation, physically cannot undergo an operation, or choose not to, their gender identity is then chosen and controlled by the state and cannot be changed to reflect who they truly are.

The community fights back
While Gianforte has been doubling down against Trans people, he may have picked a fight with the wrong community. From marriage inequality, overt transphobia, and threats of physical violence, members of the Trans community have gotten used to fighting for their basic human rights when oppression comes knocking, and in Montana, two brave fighters have answered the call and lead the way in fighting regressive anti-Trans laws across the country.

Amelia Marquez, a Trans woman, and an anonymous man going by the name "John Doe" are now suing the state of Montana, with the help of the American Civil Liberties Union. Marquez and Doe argue that SB 280 violates constitutional rights to privacy, equal protection of the law, and due process, by requiring the state to obtain knowledge of what is in someone's pants.

If they are successful in overturning SB 280, they will help set a precedent that may inspire Trans activists from other states to challenge similar laws. If Montana's courts refuse to rule in their favor, or Gianforte challenges them in a higher court, even bigger changes could be afoot. ACLU v Montana could be a landmark case headed to the Supreme Court in the coming months.

Regardless of the outcome, even coming forward to fight Gianforte is progress toward remedying a massive human rights issue.