Montana Rejects Real ID Mandate, Joins Rebel Forces

Montana forcefully rejected on Tuesday the requirements of pending federal identity document rules that would create a de facto national identity card, as Governor Brian Schweitzer signed into law a bill forbidding the state from implementing the rules and requiring reports to the government if the feds try to enforce them.

Maine was the first state to reject the requirements, which would require that states standardize their drivers' licenses starting in 2008 or face having their citizens' identification papers made useless for entering airport security or getting federal benefits.

"In January, the state of Maine held a 'Boston Tea Party' when they became the first to declare their opposition to Real ID by passing a resolution," said Tim Sparapani, an ACLU Legislative Counsel. "Today Montana has taken that rebellion to an entirely new level by issuing what amounts to a 'Declaration of Independence' from the act."

The bill (.pdf) reads in part:

The legislature finds that the enactment into law by the U.S. congress of the REAL ID Act of 2005, as part of Public Law 109-13, is inimical to the security and well-being of the people of Montana, will cause unneeded expense and inconvenience to those people, and was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the U.S. constitution.

(2) The state of Montana will not participate in the implementation of the REAL ID Act of 2005. The department, including the motor vehicle division of the department, is directed not to implement the provisions of the REAL ID Act of 2005 and to report to the governor any attempt by agencies or agents of the U.S. department of homeland security to secure the implementation of the REAL ID Act of 2005 through the operations of that division and department.

The ACLU is constantly updating a map of the states that have joined or debating joining the so-called state's rebellion.

Photo: Andrew Eick