The ruling will have enormous impacts for transgender residents in the state.
HOLY SHIT
"The Montana court separately declared that transgender people constitute a suspect class under the state's equal protection clause. In legal terms, a suspect class is a group that has historically faced such severe discrimination that any law targeting them must meet the highest level of judicial scrutiny to survive—the same standard applied to laws that discriminate on the basis of race. [...] The practical effect is sweeping: any Montana law that singles out transgender people will now face strict scrutiny, meaning the state must prove the law serves a compelling interest and is narrowly tailored to achieve it—a standard that laws almost never survive.
"Because the decision rests entirely on the Montana Constitution, it is insulated from the U.S. Supreme Court. Under the principle of adequate and independent state grounds, the federal Supreme Court cannot review a state court's interpretation of its own constitution, so long as that constitution provides more protection than the federal one. [...] What this means in practice is that Montana's transgender residents now have a constitutional shield completely independent of the Supreme Court of the United State’s decisions."
(emphases mine)
@daysleftofsecondterm
