The motion has been submitted on the briefs. The justice court dismissed the charge, holding the statute unconstitutional. The State has appealed. Defendants argue that the statute impermissibly discriminates against owners of certain livestock and is preferential to owners of cattle.
Defendants argue that the statute is obsolete and no longer serves any reasonable purpose.
They contend that the statute denies them equal protection as guaranteed by the Montana Constitution. The purpose of this provision is to ensure that citizens are not subject to arbitrary and discriminatory state action. The constitutional guarantee of equal protection requires all persons to be treated alike under like circumstances. Generally, the mere fact that a statute is arbitrarily applied to some individuals and not to others is not enough to invoke an equal protection claim. The challenged treatment under the statute must be based on an impermissible ground such as race, religion, or exercise of one's constitutional rights, and must be motivated by a discriminatory purpose.