Montana votes to end racial quotas

Helena, MT; May 16, 2025: Governor Greg Gianforte has signed legislation (HB 215) eliminating race and gender preferences in appointing members to Montana’s public boards and commissions — a decisive move that restores equality before the law and ends more than three decades of unconstitutional discrimination.

In response to the new law, Pacific Legal Foundation and its client, Do No Harm, are voluntarily dismissing their lawsuit challenging Montana’s previous board appointment mandates, which required the governor to consider race and gender when filling positions on state regulatory boards, including the Montana Board of Medical Examiners.

“This is a win for equality and the Constitution,” said Caleb Trotter, a senior attorney at Pacific Legal Foundation. “By eliminating identity-based quotas, Montana is making it clear that public service should be open to all qualified individuals, regardless of race or gender. We commend Governor Gianforte for standing up for the principle that every Montanan deserves to be treated as an individual, not a stereotype.”

Filed in March of 2024, Do No Harm v. Gianforte challenged a 1991 state law that forced governors to pursue proportional race and gender representation when appointing individuals to public boards. The law required governors to deny opportunities for some Montanans to competently serve the public, based on no reason other than their race or gender — an unconstitutional policy under the Equal Protection Clause.

The legislation signed by Governor Gianforte removes those discriminatory provisions, ensuring that appointments are based on qualifications, experience, and commitment to public service, not race or sex.

“Equality before the law is a foundational American value,” said Dr. Stanley Goldfarb, Founder and Chairman of Do No Harm. “Thanks to this legislative reform, Montana joins other states like Arkansas — in ending outdated, unfair practices that deny people opportunities based on who they are. It sets an example for the many states still clinging to discriminatory appointment laws.”

Do No Harm, a nonprofit organization of healthcare professionals, filed the case to ensure that medical professionals in Montana — and everywhere — have the opportunity to serve the public based on their merit and dedication. PLF is proud to have represented Do No Harm at no charge. Pacific Legal Foundation will continue its nationwide efforts to eliminate unconstitutional discrimination in government appointments and defend the right of every American to equal treatment under the law.