"The Crime Is Being Trans": Montana House Passes Indecent Exposure Bill Applying Only To Trans People
House Bill 446 in Montana establishes two indecent exposure laws: one for the general public that requires intent, and another for trans people that does not.
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US Constitution, 14th Amendment, Section 1:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Relevant bit:
nor deny to any person within its jurisdiction the equal protection of the laws.
Seems like a slam dunk, but someone is going to have to be charged with the "crime" before it can be challenged, I believe.
Pretty sure the law can be challenged in court before someone is charged with a crime.
Yup, "facial challenge" apparently. Good. Maybe the ACLU is still good for something
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