Montanans gathered on opposite sides of the barricades outside the U.S. Supreme Court in Washington D.C. as the court heard arguments Tuesday on state bans of transgender female athletes from playing on women’s teams in college sports.
Montana Republicans Attorney General Austin Knudsen and U.S. Sen. Steve Daines joined supporters of the law at a rally in support of the Idaho and West Virginia bans.
Specifically, the two states banned transgender women from participating in women’s sports: Idaho in 2020, West Virginia in 2021. The laws were later challenged by transgender athletes — Idaho’s law was challenged on grounds of violating protections against sexual discrimination under the 14th Amendment of the U.S. Constitution. West Virginia’s was challenged for violating Title IX, a federal civil rights law granting women equal access to education and athletics from kindergarten through university. Appellate courts sided with the athletes.
On the other side of the barrier, Liz Welch, a mother from Billings, and a few other Montanans raised signs in support of transgender children being protected by anti-discrimination laws as secured by the 14th Amendment of the U.S. Constitution. Welch told Montana Free Press she could see Knudsen and Daines opposite the barriers from where she was. She had also seen the words “equal justice under the law” transcribed on the West Pediment of the U.S. Supreme Court building, she said.
“Those words really mean a lot to me because I want to make sure that equal truly means equal,” said Welch, executive director of Mama Dragons, a national group founded by mothers of LGBTQ children within the conservative Church of Jesus Christ of Latter-day Saints. Mama Dragons formed after the church adopted policies targeting their children, Welch said.
There was loud music and speeches coming from public address systems from both camps. Daines, who is no stranger to rallies outside the court, posted a social media video of himself interviewing Macy Petty, a former collegiate volleyball player.
Girl's sports are for girls only. @CWforA @macypetty0416 pic.twitter.com/OZRQxjyipC
— Steve Daines (@SteveDaines) January 13, 2026
The common denominator between the camps of protesters was that both said they love their children, Welch said. But, in her mind, one group demanded exclusion and the other acceptance and inclusion of transgender student athletes.
Montana’s top-ballot Republicans all expressed support for the Idaho and West Virginia laws. Gov. Greg Gianforte on Tuesday co-authored a statement from Republican governors supporting the bans.
“Blurring the biological line between men and women breaks down the protections afforded to both biological sexes, and only emboldens those who wish to destroy inherent truths,” the Republican governors said in a press release. “Together, we stand with Idaho and West Virginia in their case at the Supreme Court.”
Kaitlin Price, a spokesperson for Gianforte, noted in an email to MTFP that Gianforte had signed into law in 2021 a ban on transgender athletes at the university and K-12 levels.
The Montana University System and the American Academy of Pediatrics called the 2021 bill an attack on transgender Montanans’ civil rights. Montana courts later rejected the collegiate ban for infringing on the Board of Regents’ state constitutional authority to regulate the Montana university system. The ban was upheld for public K-12 schools.
Gianforte is now the chair of the Republican Governors Association.
State Rep. Braxton Mitchell, R-Columbia Falls, told MTFP on Tuesday that if a law from either Idaho or West Virginia passed muster with the Supreme Court, the law would become the template for legislation proposed in all 50 states. The next full session of the Montana Legislature is a year away.
Mitchell called the ban on transgender athletes from women’s sports an “80% to 20%” public polling issue in favor of Republicans with non-party-affiliated voters. In other words, 80% of independent voters side with Republicans on banning transgender women from women’s sports. The statistic was also offered by Idaho Attorney General Raul Labrador on Tuesday, though no actual poll has been cited.
Welch pointed to a YouGov poll conducted two weeks ago suggesting that 44% of the voters polled say transphobia is a major problem for Republicans, while 24% call it a minor problem.
Daines, who is running for a third Senate term this year, posted a video of himself at the rally outside the court, in which he said: “Important day for America for asking a fundamental question, are there more than two genders, male and female?”
Daines said on social media: “Should biological men be allowed to compete in women’s sports? As a father of two daughters, as a grandfather of three granddaughters, this is about protecting the safety of these little girls as they grow up.”
Knudsen arrived at the Supreme Court a day early to back the Idaho and West Virginia attorney general. That rally of the Republican Attorneys General Association included former college swimmer Riley Gaines, former volleyball player Macy Petty, former gymnast Jennifer Sey, and Olympic gymnast MyKayla Skiller. The four athletes have become celebrities in the anti-transgender movement. None are from Montana.
Welch said she questions why Republican elected officials zero in on transgender children and adults, a small portion of the population. The Williams Institute, which researches LGBTQ and transgender populations, estimates that 0.6% of Montana adults are transgender, or roughly 5,000 out of more than 1 million people in the state.
“This is their rally cry right now,” Welch said. “They’re not concerned about the economy, not concerned about the [Affordable Care Act], not concerned about the impact of tariffs on businesses. The only thing that matters to them seems to be anything surrounding transgender people. It’s the red meat they throw to get the base riled up.”
A ruling from the Supreme Court is likely months from now. Decisions on major cases heard in January are often issued by midyear.
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