Montana Man Says He Fractured Boy's Skull 'On Orders From President Trump'

L-R Donald Trump, Curt Brockway

Yesterday, I reported on a Montana man who picked up a 13-year-old boy and slammed him to the ground for not removing his hat during the national anthem at a state fair.

The boy had to be airlifted to a hospital where he was diagnosed with a fractured skull and his ears bled for over six hours.

The lawyer for the accused assaulter now says his client, 39-year-old Curt Brockway, believed he was acting on orders from President Trump.

From The Billings Gazette:

The attorney for a 39-year-old man charged with assaulting a child who didn’t take his hat off for the national anthem says his client, compromised by a traumatic brain injury, believes he was acting on an order from President Donald Trump.

Superior resident Curt Brockway was charged Monday with felony assault on a minor. His defense attorney, Lance Jasper, told the Missoulian Wednesday the president’s “rhetoric” contributed to the U.S. Army veteran’s disposition when he choke-slammed a 13-year-old, fracturing his skull, at the Mineral County fairgrounds on Aug. 3.

“His commander in chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished,” Jasper said. “He certainly didn’t understand it was a crime.”

(h/t JoeMyGod)

Montana Man Fractures Teen's Skull For Not Removing Hat During National Anthem

Curt James Brockway (mug shot)

A 39-year-old Montana man was arrested for a violent assault on a 13-year-old boy fracturing the teen's skull.

Curt James Brockway reportedly told authorities "he had every right" to pick the boy up and slam him to the ground because, in his opinion, the teen had disrespected the national anthem by not removing his hat.

USA Today reports the boy had to be airlifted to a hospital due to the attack. His parent's told the press he bled from his ears for nearly six hours.

Prosecutors asked Brockway's bond be set at $100,000, but the judge allowed him to be released on his own recognizance.

Brockway is apparently registered as a violent offender with a police record going back to 2010.

Watch the report from local news station KPAX below:

(h/t JoeMyGod)

UPDATE: Meet 'Plaid Shirt Guy' From Trump Rally

Update - CNN's Don Lemon chats with 'plaid shirt guy' whose name is Tyler Linfesty, a Billings West High School senior.

Watch his informative interview with Lemon below.

**********************************************

With all the hyperbolic statements Donald Trump made last night at a rally in Billings, Montana, one attendee was unable to suppress his expressions.

Take a look at green plaid shirt guy - hysterical.

This hilarious, too-candid guy behind Trump was deemed an unsuitable background prop by the Trump choreographers. He was replaced (see next tweet) with someone who could actually feign enthusiasm for Dear Leader.

pic.twitter.com/zwkXk0YP9L

— Mrs. Betty Bowers (@BettyBowers) September 7, 2018

Eventually, someone noticed and decided the guy was not 'Trumpian' enough to sit behind the Trumpster.

Weirdest thing just happened at Trump rally in Montana. The guy in plaid shirt behind Trump must not hv been cheering enough so a woman walked up and asked him to move and She took his spot #inners #maddow #LastWord pic.twitter.com/pTOq2kBwgb

— Kikkay (@NikkisBubble) September 7, 2018

But this has to be my favorite moment of the rally. Check out green plaid shirt guy wondering "Have you?" when the president says he's picked up "a lot" of support.

this was one of my favorites ‘we’ve picked up a lot of support’ plaid shirt guy ‘HAVE YOU!??’ pic.twitter.com/omM7i8zwPh

— Katie Moeser (@IamKatieMoe) September 7, 2018

Last thing I have to point out: with all of Trump's 'respect for the American flag' talk, take a look at how this one female support 'respects' the flag - by wiping her nose with it.

I'll take a knee any day.

This Trump supporter in Montana may not have taken a knee like the guys of the NFL but she did . . .

she . . .

well . . . just watch for the American flag

🇺🇸😕😱🙈 pic.twitter.com/FZ1jn5ZoyO

— ☇RiotWomenn☇ (@riotwomennn) September 7, 2018

Oh! Oh - one more. Trump trying and failing twice to pronounce the word "anonymous" is pretty funny.

Trump trying to pronounce "anonymous" is priceless pic.twitter.com/Crxn84pUCk

— The Resistance (@nightlypolitics) September 7, 2018

Green plaid shirt guy steals Trump's thunder (click to enlarge pic)

Montana: Republican Congressional Candidate Greg Gianforte "Body Slams" Reporter

Greg Gianforte

UPDATE - Fox News was present at the incident and have corroborated Jacobs story:

As the time for the interview neared, Gianforte came into the room. We exchanged pleasantries and made small talk about restaurants and Bozeman.

During that conversation, another man — who we now know is Ben Jacobs of The Guardian — walked into the room with a voice recorder, put it up to Gianforte's face and began asking if he had a response to the newly released Congressional Budget Office report on the American Health Care Act. Gianforte told him he would get to him later. Jacobs persisted with his question. Gianforte told him to talk to his press guy, Shane Scanlon.

At that point, Gianforte grabbed Jacobs by the neck with both hands and slammed him into the ground behind him. Faith, Keith and I watched in disbelief as Gianforte then began punching the reporter. As Gianforte moved on top of Jacobs, he began yelling something to the effect of, "I'm sick and tired of this!"

Jacobs scrambled to his knees and said something about his glasses being broken. He asked Faith, Keith and myself for our names. In shock, we did not answer. Jacobs then said he wanted the police called and went to leave. Gianforte looked at the three of us and repeatedly apologized. At that point, I told him and Scanlon, who was now present, that we needed a moment. The men then left.

**********************************

Montana's Republican candidate for Congress, millionaire Greg Gianforte, appears to have anger management issues as tonight's news cycle is roiled by the story that he allegedly body-slammed a reporter for The Guardian just one day before the special election.

From The Guardian:

Ben Jacobs, a Guardian political reporter, was asking Greg Gianforte, a tech millionaire running for the seat vacated by Ryan Zinke, about the Republican healthcare plan when the candidate allegedly “body-slammed” the reporter.

“He took me to the ground,” Jacobs said by phone from the back of an ambulance. “This is the strangest thing that has ever happened to me in reporting on politics.” Jacobs subsequently reported the incident to the police. Gianforte’s campaign did not immediately respond to requests for comment.

Audio of the abortive interview recorded by Jacobs captures the altercation, and appears to reference previous questioning from another Guardian reporter. “I’m sick and tired of you guys,” Gianforte said. “The last guy who came here did the same thing. Get the hell out of here. Get the hell out of here. The last guy did the same thing. Are you with the Guardian?”

No one from the Gianforte campaign has responded to questions about the incident.

Jacob's recorder was on during the alleged assault. Listen to audio of the assault below.

Tweet Of The Day: "Dear North Carolina..."

Dear North Carolina: We're open for business...for everyone. Sincerely, Montana #ChooseMontana #MTPol #NCPol pic.twitter.com/669UANKXVk

— Steve Bullock (@GovernorBullock) March 24, 2016

Montana's Gov. Steve Bullock Announces LGBT Protections Via Executive Order

Montana's Democratic Gov. Steve Bullock celebrated Martin Luther King Jr. Day by announcing an executive order protecting LGBT folks in the state.

Via press release:

In a press conference earlier today Governor Bullock celebrated Martin Luther King Jr. day by noting that it is time to “recommit to King’s values of compassion and equity” by expanding protections for LGBT people in Montana. He also spoke to Montana’s private business owners, stating “while an executive order applies to state government only I encourage private businesses to examine their policies as well.”

“Discrimination in any form is wrong, and through his actions today, Governor Bullock has taken a bold step to expand equality and fairness for all,” said HRC President Chad Griffin. “We commend him for doing everything in his administrative power to fight for the rights of LGBT Montanans, and hope his actions encourage other government officials to make safeguarding protections for all residents and visitors a priority.”

Currently there is no federal law or regulation that explicitly bans workplace discrimination on the basis of sexual orientation and gender identity, and Montana is one of 31 states where people are at risk of being fired or refused employment based on sexual orientation or gender identity.

The Human Rights Campaign adds:

The executive order, which goes into effect immediately, will direct Montana’s Department of Administration to ensure that state agencies, state contractors and subcontractors do not discriminate in employment based on sexual orientation and gender identity. The order also bans discrimination in the provision of government services, and calls for inclusive non-discrimination and harassment prevention programs with an emphasis on cultural diversity.

In 2008, former Governor Brian Schweitzer issued an executive order that protected state employees from discrimination based on sexual orientation. Today, Governor Bullock continues Schweitzer’s pro-equality legacy by extending those same protections based on gender identity, and banning discrimination on both bases by state contractors and subcontractors.

After Ten Years, Montana Finally Has Anti-Bullying Law

Ten years in the making, Montana Governor Steve Bullock on Tuesday signed the state's first anti-bullying bill into law.

The new law defines bullying as any repeated harassment, hazing or threatening in person, or in writing including electronic communication. As proposed, it would have directed public school districts to adopt certain policies addressing the issue of bullying. The final version simply prohibits students and teachers from bullying any student in a public K-12 school. It does not explicitly refer to cyberbullying, but the law would forbid it under the general bullying ban.

Parents and local authorities can also go after bullies, schools or education officials who break the law.

Prior to Tuesday's signing, Montana was the only state in the US without a law addressing bullying.

Montana Makes A Gorgeous Backdrop For Benjamin And Brandon

From Gay.net:  For Brandon and Benjamin, having photographer Brian Powers shoot them on a ranch outside Missoula, Montana was about capturing their relationship in its most natural environment.

Brandon grew up around the ranch and, as a couple, they’re united by their love of the open-air Montana lifestyle.

For more of the handsome couple in equally handsome surroundings, head over to Gay.net.

Thomas Roberts Counts Down This Week's Top 5 LGBT Stories

MSNBC's Thomas Roberts counts down the 5 biggest LGBT stories of the week, including

• Marriage equality comes to South Carolina and Montana

• Country music singers Ty Herndon and Billy Gilman come out as gay 

• A new Indiana University survey finds heterosexual support for gays is up, but straight folks are still not comfortable seeing public displays of affection among gays

• Out NBA-er Jason Collins retires from basketball

Montana: Some County Clerks To "Opt Out" Of Issuing Same-Sex Marriage Licenses

While Montana celebrates the news of marriage equality coming to the state, some Yellowstone County employees are being allowed to "opt out" of issuing marriage licenses to gay and lesbian couples.

From KTVQ:

The county anticipated the ruling and the human resources department had told Clerk of District Court Kristie Boelter that employees can choose not to issue marriage licenses for religious reasons.

The County cited Title VII of the 1964 Civil Rights Act.

Part of Title VII states: "It shall be an unlawful employment practice for an employer....to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin..."

Boelter said 20 clerks work in her department and the opting out was not a problem.

She said one clerk cited religion and four others said same-sex marriage went against their morals and values.

However, Boelter said morals and values do not apply to Title VII.

While individuals can decide to not issue licenses, she said it is her duty to uphold the law.

"We all take an oath when we enter the Office of the Clerk of Courts to uphold the Constitution of the state of Montana and the Constitution of the United States of America," Boelter said. "I have a particular clerk that has religious beliefs that would like to opt out of doing the marriage licenses and we will allow that to happen. I have enough clerks in my office to be able to accommodate that."

I'm not so sure Title VII was meant to allow a religious exemption from doing your job as a civil employee when it comes to gays and lesbians.

Same-Sex Marriages Begin In Montana

Jill Houk, left, and Randi “Doc” Paul were the first same-sex couple married Thursday morning in Yellowstone County

Same-sex marriages began in full today in Big Sky country after U.S. District Judge Brian Morris ruled Wednesday that Montana's constitutional amendment limiting marriage to a man and a woman violates the 14th Amendment's equal protection clause.

Randi "Doc" Paul and Jill Houk, of Billings, were the first same-sex couple to be married in Yellowstone County.

“It’s nice not to have to say ‘my girlfriend,’” when talking about 28-year-old Paul, Houk said. “Now I can say ‘my wife.’’

Even though the ruling came late in the day on Wednesday, a few couples were able to say "I do" yesterday:

Among the first Montana couples to get their licenses Wednesday were Amy Wagner, 56, and Karen Langebeck, 48, who have been together for 22 years.

After hearing about the ruling, they got on the road to get their license.

"Being able to get married and introduce Karen as my wife — that's a big deal. Now I have a way to describe this relationship that everybody understands," Wagner said.

In Montana's most populous county, Yellowstone, the clerk of the District Court said her office was ready to issue licenses.

"For my office, nothing will be different than any other day," Kristie Lee Boelter said.

Also Thursday, the American Civil Liberties Union will hold celebrations at county courthouses in Billings, Bozeman, Butte, Great Falls, Helena and Missoula. The group will provide officiants for couples who wish to marry immediately, ACLU spokeswoman Amy Cannata said.

In spite of all the shiny happy people, Montana Attorney General Tim Fox still asserts he plans on appealing the ruling until options run out.

(source)

Montana Gov. Steve Bullock Celebrates Same-Sex Marriage Ruling

Montana Gov. Steve Bullock (D) shares his support for today's court ruling which struck down the state's ban on same-sex marriage.

Via press release:

"Today’s decision ensures we are closer to fulfilling our promise of freedom, dignity, and equality for all Montanans.

"It is a day to celebrate our progress, while recognizing the qualities that bind us as Montanans: a desire to make a good life for ourselves and our families, while providing greater opportunities to the next generation.

"I have instructed my administration to quickly take all appropriate steps to ensure that we are recognizing and affording the same rights and responsibilities to legally married same-sex couples that all married Montanans have long enjoyed."

However, Montana's Attorney General Tim Fox does not share his governor's enthusiasm. Not a supporter of marriage equality, he compared same-sex marriage to incest and polygamy in a brief filed with this case. The Republican has already said he plans to appeal:

“It is the attorney general’s sworn duty to uphold and defend Montana’s constitution until such time as there is no further review or no appeal can be made in a court of law,” Fox said. “Fulfilling that duty, the state of Montana will appeal this ruling in light of the fact that there are conflicting federal court decisions and no final word from the U.S. Supreme Court.”

Same-Sex Marriage Ban in Montana Struck Down

U.S. District Court Judge Brian Morris has just ruled in favor of same-sex marriage in Montana, striking down the ban on marriage between same-sex couples in the state.

The ruling comes as no surprise in that Montana is under the 9th Circuit Court of Appeals jurisdiction, which recently struck down similar marriage bans in Idaho and Nevada.

Morris did not stay his decision and ordered the state to stop enforcing Montana law banning same-sex marriage immediately.

By my count, Montana becomes the 34th state to have marriage equality, with South Carolina to officially become #35 tomorrow, although some marriages have already taken place today in the Palmetto State.

From Freedom To Marry:

This ruling was in the case Rolando v. Fox, a federal legal case involving four couples, filed by the American Civil Liberties Union of Montana. The couples are Angie and Tonya Rolando, Shauna and Nicole Goubeaux, Ben Milano and Chase Weinhandl, and Sue Hawthorne and Adel Johnson. These couples were either married outside of Montana and denied respect in the state, or want to get married in the state.

From the ruling from Judge Morris:

These families want for their children what all families in Montana want. They want to provide a safe and loving home in which their children have the chance to explore the world in which they live. They want their children to have the chance to discover their place in this world. And they want their children to have the chance to fulfill their highest dreams.

These families, like all of us, want their children to adventure into the world without fear of violence; to achieve all that their talent and perseverance allows without fear of discrimination; and to love themselves so that they can love others. No family wants to deprive its precious children of the chance to marry the loves of their lives.

Montana no longer can deprive Plaintiffs and other same-sex couples of the chance to marry their loves.

You can read the ruling in it's entirety below:

Montana Same-Sex Marriage Decision

Montana: Federal Judge Close To Issuing Ruling On Same-Sex Marriage

U.S. District Judge Brian Morris has canceled a hearing set for November 20 in a case challenging Montana's ban on gay marriage, saying he will rule based on briefs already filed with the court.

From the Billings Gazette:

The four gay couples who sued to overturn the ban along with Attorney General Tim Fox, who is defending the ban, agreed that U.S. District Judge Brian Morris has enough information to decide the case without the formal hearing that had been scheduled next Thursday.

The 9th U.S. Circuit Court of Appeals recently struck down similar gay-marriage bans in Idaho and Nevada. The American Civil Liberties Union of Montana expects a favorable ruling because the 9th Circuit includes Montana.

From ACLU of Montana Legal Director Jim Taylor:

“We don’t think there are any material facts in dispute, and so the case can be decided without a trial.

The ban on same sex marriage in the Montana Constitution is the same as the bans that were ruled unconstitutional in Idaho, and Nevada. The four couples in our case are situated the same as the couples who won in the Idaho and Nevada cases.

We are raising the same issues that were raised in the Idaho and Nevada cases, and we are optimistic that the decisions of the Ninth Circuit in those cases will convince the District Court to rule in our favor.”

Governor Steve Bullock has spoken out in favor of same-sex marriage in Montana.

Montana Newspaper To Attorney General On Same-Sex Marriage: "Accept The Inevitable"

Montana's Great Falls Tribune posted an op-ed today in support of marriage equality in the state and urging Attorney General Tim Fox to "accept the inevitable" and stop defending the discriminatory law:

One after another, federal appeals courts, including the 9th Circuit that covers Montana, have thrown out gay marriage bans in other states, and Montana’s position will be overturned. Why? Because that stance discriminates against gays, lesbians and others. It is unfair to these folks, regardless of some Americans who disapprove of their sexual orientation.

The issue of homosexuality and marriage was easier to deal with when some researchers and, frankly, charlatans tried to prove that people could be cured of their gay nature. In recent decades, science indicates that sexual orientation is more likely to be based in a person’s genetic makeup.

U.S. District Judge Brian Morris will hear arguments Nov. 20 on a motion for summary judgment in a case filed this spring by four gay couples. We’d like to see [AG Tim] Fox at that hearing accept the inevitable and agree with the motion.

It’s time for the state of Montana to quit wasting taxpayers’ money and to accept gay marriage in Montana, even if churches can go their own way on this matter. Some people still want to make political points with this issue, but we say, it’s too late for that. It’s all over. Montana law should allow people committed to each other, whether straight or gay, to make their relationship legal and lasting.

(h/t JMG)

Arkansas Supreme Court To Hear Oral Arguments In Same-Sex Marriage Suit November 20th

The Arkansas Supreme Court has set November 20th as the date it will hear arguments concerning a challenge to the state's gay marriage ban.

From Buzzfeed's legal eagle Chris Geidner:

Breaking: Oral argument in the Arkansas Supreme Court for the marriage case has been scheduled for 9 a.m. Thursday, November 20.
— Chris Geidner (@chrisgeidner) October 23, 2014

This is in addition to another case regarding marriage equality, which will also be heard on the same day in Arkansas by a federal judge.

AND - a hearing for summary judgement in Montana's gay marriage battle is also scheduled for November 20th.

Looks like a busy day for folks come the 20th.

(via Towleroad)

Kansas, Montana and South Carolina Still Behind The Curve

Listen up, #Kansas, #Montana, and #SouthCarolina: Your circuit courts (10th, 9th, 4th) have ruled. Follow the law. pic.twitter.com/uR53vFvc5g
— Evan Wolfson (@evanwolfson) October 19, 2014

Evan Wolfson of Freedom To Marry tweeted that yesterday noting that only Kansas, Montana and South Carolina have not moved to honor the recent rulings in three federal appellate courts concerning the freedom to marry:

• Kansas has a court date this Friday, October 24th, in Kansas City at 10AM where LGBT activists will request a temporary injunction that would bring Kansas in line with the rest of the 10th Circuit Court of Appeals.

• Montana gets a hearing on November 20th in Great Falls where the ACLU has requested a summary judgement on the issue of same-sex marriage in light of the recent ruling by the 9th Circuit Court of Appeals, which has jurisdiction over Montana.

• South Carolina is moving at a slower pace with written briefs due by October 23rd in a lawsuit filed which would bring the state in line with the ruling from the 4th Circuit Court. Both sides will then have 14 days to reply to briefs, and then a hearing will be scheduled within 21 days after that.

Additionally, Arkansas will also address same-sex marriage on November 20th when Federal Judge Kristine Baker will hear plaintiffs asking for a summary judgement for marriage equality while the state has filed a motion to dismiss the case altogether.

Montana Judge Asked To Rule On Same-Sex Marriage Ban

Montana's same-sex marriage ban has been challenged by four couples with the request that the judge rule without going to court:

ACLU Montana legal director Jim Taylor says the 9th Circuit’s recent decision to strike down similar bans elsewhere in the West should convince U.S. District Judge Brian Morris to rule in their favor.

Montana is part of the 9th Circuit and district judges use decisions from the appellate court as precedents for their rulings.

Montana: Billings Mayor cast deciding vote against non-discrimination protections for LGBT community

Just after 3am last night, Mayor Tom Hanel said he didn't think Billings, Montana, was ready for a nondiscrimination ordinance regarding equal treatment under the law for the LGBT community. 

Hanel cast the deciding vote against the NDO.

From the Billings Gazette:

Hanel said he applied a standard from Rotary International to help him reach his decision: “I needed to ask myself, is this fair to everyone, beneficial to everyone? Will it build goodwill and friendships? I can’t say for sure,” he said of the NDO.

The vote was 6-5, with council members Shaun Brown, Rich McFadden, Denis Pitman, Angela Cimmino and Mike Yakwich joining Hanel against the ordinance, which would have amended city code to protect people from being discriminated against on the bases of sexual orientation, gender identity or gender expression.

So, just to be clear: if you are gay or lesbian and you find yourself in Billings, Montana, it is perfectly fine with the folks there for you to be denied a hotel room or be served in a restaurant.

You can be turned down trying to rent an apartment.

 All good because in the mayor's eyes, that wouldn't be "fair to everyone, beneficial to everyone."

Montana: House votes to repeal sodomy law

From Think Progress: "Just now, the Montana House held its third and final vote on SB 107, a bill to repeal the state’s unconstitutional sodomy law.

"The final vote was 64-36, meaning there were still 36 lawmakers who believes that gay sex should remain criminal under law."

The Montana Senate voted to repeal the ban in January by a vote of 41-9.  Barring a veto from the governor, the law should soon be history.