New Lawsuit Challenges Montana Law Forcing Gender Balance And Race Representation On Medical Boards

People generally think of Montana as a rugged, masculine, conservative state.

But many are surprised to learn the Treasure State is instead a trove of failed leftist policies, including one law mandating “gender balance” and mandated racial representation on the state medical board.

The nonprofit Pacific Legal Foundation has now filed a federal lawsuit on behalf of Do No Harm, an association of medical professionals, to “stop Montana's unlawful consideration of race and gender in appointments to the state medical board.” (RELATED: French Lawmakers Propose Ban On Child Gender Transitions)

“In Montana, medical practitioners are under the purview of the Montana Board of Medical Examiners, and the board requires 12 members. All must meet residency, licensing, experience, and legal requirements. Other requirements, however, have nothing to do with medicine and everything to do with race and gender,” the PLF reports.

“State law requires Montana's governor to appoint all medical board members. In 1991, in pursuit of gender and racial balance, Montana legislators directed the governor to also ‘take positive action to attain gender balance and proportional representation of minorities … to the greatest extent possible' when making appointments to all boards, commissions, and councils in the state,” they note.

“Requiring the governor to consider the race and gender of candidates for the medical board is demeaning, patronizing, un-American, and unconstitutional,” said PLF attorney Caleb Trotter. “Assuming that candidates bring diverse perspectives based on nothing other than their gender or race, treats individuals as faceless members of a group based on their immutable characteristics.” (RELATED: Biden: Some White People Still Want Racial Violence)

“Represented by Pacific Legal Foundation at no charge, Do No Harm is fighting back. Its federal lawsuit challenges the Montana public boards' race and gender discrimination as violating the Constitution's guarantee of equal protection. Victory would ensure that all candidates can compete equally to serve on the medical board, regardless of race and gender,” the PLF writes.

The PLF hopes Montana's lawsuit will lead to changes in other states.

“A new report released by PLF found instances in 25 states where such unconstitutional discrimination has been codified. Without action, the problem is likely to worsen. Pacific Legal Foundation is working to defeat discriminatory government boards and commissions in Montana and everywhere else the unconstitutional practice is allowed,” the group notes.

The case is Do No Harm v. Gianforte in U.S. District Court for the District of Montana.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

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