Case: Hobaugh v. Montana

This is a case about a challenge to an anti-trans ballot initiative (I-183) that would prevent transgender Montanans from using any public bathroom, locker room, or changing facility consistent with their gender identity, endangering them and forcing them out of public schools, jobs, parks, and libraries.

The language of I-183 required all state and local government entities, including schools and universities, to designate "protected facilities" in government buildings - such as locker rooms, changing rooms, restrooms, and shower rooms - for use by members of only one sex. It defined "sex" as "a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth." The initiative would have cost, "an estimated $545,699 in general fund money over four years to renovate facilities and provide proper signage for protected facilities." 

On October 17, 2017, seven individual transgender Montanans, parents suing on behalf of their minor trans child, and the City of Missoula filed this lawsuit in the Eighth Judicial District Court of Montana. The plaintiffs sued the State of Montana, by and through Secretary of State Corey Stapleton, claiming that I-183 violates the Montana constitution's equal protection and due process clauses. Represented by the ACLU of Montana, plaintiffs sought declaratory judgment that I-183 was unconstitutional, a temporary and final injunction, and reasonable attorney's fees. 

Plaintiffs filed an Amended Complaint on October 30, 2017 and added the City of Bozeman as a Plaintiff. The case was assigned to Judge John A. Kutzman. 

Defendant State of Montana filed a motion to dismiss on December 8, 2017. Their motion claimed that plaintiff's claims were not ripe because the ballot initiative had not yet been approved by voters nor even qualified for the ballot. 

On May 4, 2018, the Montana League of Cities and Towns along with the City of Helena joined as Intervenors against the State of Montana. Represented by private counsel, the Intervenors argued that I-183 was unconstitutionally vague and violated equal protection and due process rights. The Intervenors sought the same declaratory judgment, injunctive relief, and reasonable attorney's fees. 

I-183 failed to qualify for the ballot for reasons unknown to the Clearinghouse.  

On September 5, 2018, Judge Kutzman dismissed  the Plaintiffs' and Intervenors' Complaints because I-183 failed to qualify for the ballot and therefore there was no longer a live case or controversy. 

As I-183 did not qualify for the ballot, this case has now ended.