It simply directs the legislature to enact legislation to protect the agriculture industry. It is questionable whether the challenged legislation is even subject to equal protection analysis. See Kidder . Goats are included, but cattle are not. Obviously, prohibiting livestock owners from permitting their animals to run at large protects the livestock as well as the neighboring properties of the livestock owners, and the statute is reasonable on that basis.
Defendants argue that there is no rational basis for excluding cattle from the statute.
The State counters that excluding cattle from the statute is justified by the fact that cattle are Montana's primary livestock commodity and a significant economic resource for the state. Providing additional benefits to the cattle industry to enhance its growth and development is justified in light of the industry's importance and necessity to the Montana economic community. The Court concludes that placing cattle in a separate classification and providing that industry with the additional benefit of open range satisfies the rational relationship test for the reasons set forth by the State.