Katherine Bidegaray
Non-Partisan | Montana
Candidate Profile
Activist
BIOGRAPHY
Name
Katherine Bidegaray
Party
Non-Partisan
Election Year
2024
Election
Primary
Race
Supreme Court Justice, Seat 3
Incumbent
No
Links
EDUCATION
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WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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Race
OTHER INFORMATION
Judge Katherine M. Bidegaray is running for judge of the Montana Supreme Court, Seat 3, against Jerry O'Neil and Dan Wilson.
Notable Employment:
- Bidegaray was election to the 7th District Court of Montana in 2002. She was retained in 2008 and 2014.
Notable Education:
- Graduated from University of Montana School of Law
Notable Association(s):
- Bidegaray hosted an election event in which Judge Mike Wheat (D) was a guest speaker. (see attached photo)
- "Speaking in support of Bidegaray, former Supreme Court Justice Mike Wheat warned voters of 'the forces that are going to try and prevent [Bidegaray] from being on the court.' Wheat further stated, 'The Legislature and the executive branch is owned by the right, and the only thing that stands in the way of some of the legislation that they’ve been trying to pass is an independent judiciary[.]'"
Judicial Philosophy:
- “I am deeply motivated to continue to give back to the people of Montana, uphold our Constitutional rights, and serve as a Justice for ALL Montanans.”
- “I try always to act with independence, impartiality, integrity, reasonableness, fairness, while developing a good, strong knowledge of the law and applying it,” Bidegaray said “I have consistently, in doing my job, set aside my own personal opinions and personal preferences.”
- “We need people on the Montana Supreme Court who are committed to the separation of powers that our Montana constitution requires, who understand the critical importance of an independent judiciary and who cherish the preservation of the rule of law.” [See Facebook post from December 23, 2023]
- “Bidegaray’s Main Goals As Montana Supreme Court Justice Are to Protect Montanan’s Rights. Public Lands and Provide Checks and Balances To The Executive and Legislative Branches of Government.” [See Facebook post from January 6, 2024]
- “When asked about accusations of 'judicial activism,' Bidegaray told the Beacon that the ability for judges to strike down laws is a critical form of 'checks and balances.' It’s easy to call on them ‘left.’ It’s easy to call them ‘legislating from the bench,’” the judge said. “… If we were to make the judiciary partisan, we would no longer have the separation of powers … that would be autocracy.”
- “Our constitution has some very important rights, and it’s very critical that whatever is happening in the different branches of government is consistent with the rights that document provides us,” Bidegaray said things our constitution clearly provides is we have to have separation of powers... Attacks on the judiciary have been an attack on democracy.”
- Included under “Vision” section on Bidegaray's campaign website:
- "Currently, our legal system and the rights it protects – including privacy, education, and the conservation of Montana's untouched landscapes – are facing significant threats. My campaign represents a defense of these values and the integrity of Montana's judiciary. With more than 38 years in the legal and judicial fields, I am exceptionally equipped to defend the constitution and serve every Montanan."
- "As your justice, I will be a leader, not a follower. Just as my family overcame adversity, I will stand resilient against challenges. I will not succumb to political pressures or special interests; my guidance will always be the steadfast principles of our constitution."
Controversial issues:
- Advocate of equal public education
- Advocates for "clean and healthful environment"
- Advocates for for women's rights
- During an interview with Kalispell Democrats Judge Bidegaray said,“'We’re living in times of unprecedented attacks on our judiciary, on our rights, particularly women’s rights, and on the rule of law,' Bidegaray told a crowd of about 30 attendees at Bias Brewing on Thursday. 'Now, more than ever, we need people at the Montana Supreme Court who have the backbone to stand up to these kinds of assaults.'”
Publication(s):
- Katherine Bidegaray, “Katherine Bidegaray: Don’t be a sheep” Missoulian (December 19, 2023) https://missoulian.com/opinion/column/katherine-bidegaray-dont-be-a-sheep/article_73b1ce80-9b7d-11ee-a196-1f8538ab9a68.html
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.
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I support a right to accelerate ending a human life.
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Human life deserves legal protection from conception until natural death.
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RELIGIOUS LIBERTY
Religious liberty is at risk in the United States.
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VALUES
Briefly describe your spiritual beliefs and values.
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What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?
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I support "gender identity" as a specially protected class. Please explain.
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What do you believe to be true about the human condition?
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EQUALITY
I agree with Critical Race Theory (CRT).
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ABOUT YOU
What, if any, church or organizations do you belong to?
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I voted in these primaries and general elections:
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Have you ever been convicted of a felony? If so, please explain.
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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else? Please explain.
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JUDICIAL PHILOSOPHY
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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Is there a separation of church and state in the Constitution? Please explain.
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Should courts address threats to religious liberty in the United States? If so, how?
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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.
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Was Bostock v. Clayton County rightly decided under the law? Please explain.
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I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
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What should a judge do when legislative texts and court precedents dictate different results?
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When should a judge overturn past court decisions?
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When, if ever, should a judge take popular opinion or the social views of the majority into consideration?
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Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?
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What do you believe is the single most important quality a judge should possess?
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If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?
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2ND AMENDMENT
The right to bear arms is fundamental and must be protected.
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OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
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How should the court address public health and individual freedoms in the time of a public health emergency?
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