Report on Counter Extremism (March 2025)
If you experience or witness discrimination, threats, harassment, or violence or see demonstrations by extremist groups, please report them to Catalyst Montana. By tracking these activities, we better understand the escalation of these groups.
Private Right of Action: A Tool of Right Wing Policy
Right-wing extremists have many tools to advance their agenda, including policy. One specific tool we’re seeing in many right-wing policies recently is Private Right of Action. A Private Right of Action (PRA) is a legal mechanism that allows private individuals to file a civil lawsuit against another party or business to enforce a law instead of relying on government enforcement.
In legislation, PRAs are often presented as a way to empower the public to enforce laws and protect their legal interests, but they often create more harm than good. Unlike government agencies that are equipped with expertise, procedural safeguards, enforcement discretion, and prosecutorial privilege, private litigants are incentivized by financial gain rather than public interest, leading to inconsistent enforcement and legal uncertainty. This undermines regulatory consistency, encourages frivolous litigation, and disproportionately burdens small businesses and individuals. Most concerning to Catalyst Montana, PRAs facilitate the weaponization of the courts for ideological and political purposes, turning the judiciary into a battleground for activist-driven lawsuits rather than a neutral arbiter of justice.
By shifting enforcement responsibility from regulators to private actors, PRAs weaken governmental oversight, reduce the protections of due process, and create coercive effects that deter lawful behavior. While proponents might argue that PRAs serve as a necessary check on government passivity or disregard, the risk of abuse and action in bad faith are too great to ignore. Challenging aspects and dangers of Private Rights of Action include:
Frivolous and Excessive Litigation
PRAs can flood the court system with lawsuits, some of which may be frivolous or filed in bad faith for financial gain by the plaintiff, even as a third party with scant to no standing otherwise.
Organizations, and individuals, may face costly legal battles even when accusations are weak or unfounded, or even worse - blatantly untrue.
Weaponization of the Court for Political Purposes
Special interest groups can use PRA provisions in laws to harass political opponents, ideological foes, or government entities.
Laws with PRAs tied to ideological issues (e.g., gender-affirming care bans, immigration enforcement & abortive services) can be used selectively against specific groups, effectively creating witch hunts between neighbors.
Political activists can seek out, fabricate, manufacture or otherwise create lawsuits that use PRA to seek their own desired outcomes at the detriment of the accused organizations or individuals
Chilling Effects on Businesses, Speech, and Public Services
Fear of lawsuits may lead to self-censorship, reduced public access or avoidance of controversial, but otherwise legal, activities.
Schools, medical professionals, and employers may overcompensate in policy enforcement, restricting individual freedoms, access to services or teaching of certain curricula.
Erosion of Regulatory Oversight and Due Process
PRAs shift enforcement away from trained regulatory or law enforcement agencies with expertise and additional safeguards to uphold the law.
Instead of careful investigation by experts, enforcement is driven by individual civil litigants and courts, leading to inconsistent applications of the law. Imagine the nuance of civil litigation, as opposed to the application of criminal statute. It's messy to say the least.
Disproportionate Impact on Small Businesses and Individuals
Large corporations, churches, & political organizations can afford legal defenses (or to pursue litigation themselves), but small businesses and individuals may be bankrupted by litigation costs.
Lawsuits filed under PRA provisions can be used as a tool to coerce settlements, even in cases without strong merit.
Potential for Unequal and Discriminatory Enforcement
Some PRAs allow lawsuits based on ideological beliefs (i.e. The Heartbeat Act in Texas), creating a legal landscape where enforcement depends on political and social or faith based motivations.
Wealthy litigants and interest groups such as churches may have disproportionate influence in shaping enforcement.
So far in this 69th Montana Legislature, we have seen several bills introduced that include language granting Private Right of Action as a remedy for violation of the proposed law. In some cases this may appear to protect the interests of members of the public, but in most cases, it is clear that the purpose of granting the PRA is clearly a way to push ideological or political agendas and create an atmosphere of fear for specific individuals and organizations which may find themselves on the wrong side of these laws. Some notable examples from this session include:
Senate Bill 218: This bill establishes a private cause of action for individuals who experience injuries resulting from certain medical interventions intended to treat gender dysphoria. Bill crossed over, heard in House Judiciary 3/21.
House Bill 536: Introduced by Rep. Lukas Schubert, this bill creates a private right of action for individuals harmed by an employer's hiring of “illegal aliens”, allowing them to sue the employer for damages. Bill failed 2nd reading on House Floor Vote 3/24.
House Bill 121: This bill, also known as the anti-trans bathroom bill, would allow injunctive damages to be sought by anyone who encounters (or believes they have encountered) an individual using a bathroom designated for the use of the opposite sex as defined at birth. Notably, this bill makes no attempt to define how genitalia or chromosomes will be accounted for. Transmitted to Governor’s Desk 2/7.
Senate Bill 146: Known as the Private Property Protection Act, this bill provides property owners with a private right of action to seek compensation when local government regulations disproportionately affect their property rights. Bill failed 2nd reading on Senate Floor Vote 2/14.
House Bill 675: A bill prohibiting minors from attending drag events, and bans the hosting of “obscene” shows or performances on public property. This bill, with a broad definition of obscene, would allow private right of action against schools, libraries and other institutions by children or parents of children who attend such events. Bill Failed 2nd reading on House Floor Vote 3/6.
House Bill 663: This bill proposes to prohibit institutions of higher education in Montana from considering race, color, ethnicity, or national origin in decision-making processes related to admissions, hiring, scholarships, financial aid, or participation in programs and activities. It establishes a private right of action, allowing applicants or employees to sue if they believe they have been discriminated against based on these factors. Referred to Senate Education and Cultural Resources Committee 3/17.
Although not exhaustive,this list of proposed measures provide a shocking look at a troubling trend that threatens to upend due process and create a potential for viscous lawfare against already marginalized groups of Montanans.
This dynamic represents a tectonic shift towards a society where neighbors turn in neighbors, children rat out teachers, and every day citizens determine the private decisions made between a patient and doctor. This is not the version of Montana many of us grew up in, the Montana that some of us sought out when we made the choice to call this place home, or the kind of place we want to leave for our kids and grandkids. We deserve a Montana where we uphold the tradition of law and due process, from time to time respectfully agree to disagree, help our neighbors - and ultimately leave their business up to them. Lets focus on lifting each other up, not engaging in financially or politically motivated witch hunts.
The Montana Class C Basketball Incident – A Stark Reminder of the Need for Change
Recent racially charged and insensitive chants at a Montana Class C basketball game between the Manhattan Christian Eagles and Box Elder Bears have brought to the forefront an uncomfortable truth: racism and bigotry are still alive in some of our state’s most cherished spaces. What should have been a celebratory moment for high school athletes turned into a painful reminder that hate speech remains far too common. It also illustrates the nuanced reality of where insensitivity breeds and how it manifests itself.
The incident, where students from Manhattan Christian reportedly directed racially offensive chants and gestures toward the Box Elder team, is a stark reminder of how much work remains to dismantle prejudice and ignorance. These chants were not just an isolated act of poor sportsmanship; they are an expression of deeply ingrained bias and belief in stereotypes. . Racism is not innate, it's a learned attitude toward others. If we are to have any hope of breaking the cycle, we must confront how these attitudes are nurtured - often unconsciously - within schools, communities, and even families.
There has long existed a culture of exclusivity and xenophobia in the Churchill, Amsterdam and Manhattan communities of Gallatin Valley. The homogeneity is largely built around two cornerstones of the community: Manhattan Christian School and The Manhattan (Dutch) Reformed Church. The community is deeply religious, insular and traditional. Over 97% of the population of Churchill is white, nearly the same percent are self described as Christian and, not surprisingly, zero people living in the community report being of Native American ancestry as of the 2020 census.
Homogeneous communities, which lack diversity and exposure to different racial, ethnic, or cultural groups, can be more prone to xenophobia and racism due to several factors. Without regular interaction with people different from them, stereotypes and biases can flourish, as people are more likely to view those who are different as a threat. The strong in-group identity, coupled with a fear of change or loss of cultural norms, often leads to an "us vs. them" mentality. Additionally, these communities may amplify prejudices through echo chambers where exclusionary views are reinforced. Historical isolation and economic struggles can further fuel xenophobic attitudes, as outsiders are scapegoated for societal issues. Ultimately, these communities may struggle with intolerance unless actively engaged in fostering diversity and challenging stereotypes.
In a recently published post on Facebook, Manhattan Christian School made the following statement:
On behalf of Manhattan Christian School, we would like to apologize for the actions that recently took place at the State C basketball tournament championship game. The student section cheer that has received publicity is not a reflection of the deep respect Manhattan Christian has for coach MacDonald, his team, and the community of Box Elder. We are truly thankful for the bond between the two communities that healthy competition and sportsmanship has created.
The since deleted statement and profile page for Manhattan Christian School, further stated that students would be spoken with and the situation with the involved students would be handled internally.
This incident demands more than a deleted apology and a slap on the wrist. We need serious reflection on the part of all involved: coaches, school officials, and the athletes themselves. It’s essential to foster a culture of respect, where empathy and education are valued over superiority and exclusion. All schools should take this as an opportunity to engage in honest discussions about race, bias, and the role sports can play in uniting rather than dividing. True change requires accountability, not just statements of regret.
These young students are the future of this state, and how we respond to this moment will shape their understanding of what is acceptable going forward. We cannot afford to stay silent, and we certainly cannot afford to ignore the deep-seated racism that rears its ugly head in places we hold in such regard. Let’s make this a turning point, we as Montanans can do so much better!
If you experience or witness discrimination, threats, harassment, or violence or see demonstrations by extremist groups, please report them to Catalyst Montana. By tracking these activities, we better understand the escalation of these groups.
