Viewpoint: Montana Constitution belongs to the people, not parties
Akilah Deernose
On Tuesday, voters sent a powerful message: Montana's Constitution belongs to the people – not political parties.
By overwhelmingly approving Constitutional Initiative 132, voters chose to protect a nearly century-old Montana tradition of nonpartisan judicial elections. Montanans affirmed that our courts should answer to the Constitution, not partisan interests.
It was a victory for judicial independence. But it was also something bigger: a reminder that our Constitution is an inheritance passed from one generation of Montanans to the next, and that each generation has a responsibility to protect its promises for those who follow.
And that matters because our courts are where the rights guaranteed by our Constitution are upheld and protected.
When someone's privacy is violated, when a family faces discrimination, or when the government exceeds its authority, Montanans count on courts to make decisions based on the law and facts – not the interests of those who financed their campaigns.
Montana has a proud history of standing up for constitutional rights. In 1972, delegates from across the state gathered to write a new Constitution, producing a document with some of the strongest protections for individual liberty in the nation, including rights to privacy, dignity and equality.
Today, those promises continue to matter in deeply personal ways. They matter when Montanans make private medical decisions without government interference. They matter when transgender people demand equal treatment under the law. They matter when Indigenous families hold Montana schools accountable to their constitutional obligation to teach Indian Education for All. And they matter when any of us, regardless of political beliefs, need a fair hearing in court.
An independent judiciary does not guarantee that we will always agree with every court decision. Nor should it. Judicial independence means judges must be free to follow the Constitution and the law, even when their decisions are unpopular with powerful interests or elected officials.
Tuesday's vote is worth celebrating, but it does not mean the work is finished. Efforts to weaken constitutional protections or limit access to justice will undoubtably continue. And as Montana prepares for the 2027 legislative session, the public must remain engaged in the decisions that shape our rights and freedoms.
We can honor Tuesday's vote by paying attention to what happens in Helena, speaking out when constitutional rights are threatened, and standing up for the rights of our neighbors – even when we disagree with them.
More than 50 years ago, Montanans came together to create a Constitution grounded in individual freedom, dignity and accountability. This week, voters reaffirmed an important safeguard for those principles. Our Constitution belongs to all of us. Keeping its promises is our shared responsibility.
Akilah Deernose is the Executive Director of the ACLU of Montana.