Article Summary –
A coalition of Montana students, teachers, and school counselors and psychologists’ associations has challenged the constitutionality of a 2021 state law that mandates parental notification of sex-related discussions in public schools. The American Civil Liberties Union (ACLU) of Montana filed the lawsuit against Senate Bill 99, claiming it has been used to target educators and counselors who aim to teach inclusive and holistic concepts about human sexuality, sexual orientation, and gender identity. The plaintiffs contend that the law violates the Montana Constitution and poses risks to the physical, mental, emotional, and sexual health of public school students, particularly those in the LGBTQ community.
Montana Law Requiring Parental Notification of Sex-Related School Discussions Challenged
A coalition of Montana students, teachers, and school counselor and psychologist associations are challenging the constitutionality of a 2021 state law that governs parental notification of sex-related discussions in public schools.
Filed by the ACLU of Montana, the lawsuit targets Senate Bill 99, mandating schools to inform parents 48 hours before lessons on human sexuality, reproductive rights, and LGBTQ issues. The law also lets parents excuse their children from these lessons.
The ACLU, representing seven plaintiffs, argues SB 99 punishes educators and counselors promoting inclusive, comprehensive, and compassionate concepts about human sexuality, sexual orientation, and gender identity. They request the court to immediately stop enforcing the law, arguing it contravenes the Montana Constitution and harms the wellbeing of public school students, particularly those in the LGBTQ community.
Erica Parrish of the Montana School Counselors Association, one of the plaintiffs, stated that SB 99 forces counselors to choose between their professional duties to students and the law’s parental notification requirement.
The case’s other plaintiffs include the Montana Association of School Psychologists, social justice nonprofit EmpowerMT, two public school teachers, and two students. The ACLU, Bozeman-based law firm Kasting, Kauffman & Mersen, and Boston-based international firm Nixon Peabody represent them.
Defendants include Governor Greg Gianforte, State Superintendent Elsie Arntzen, the State Office of Public Instruction, and the Montana Board of Public Education. In response to the lawsuit, Arntzen argued that it reflects a series of partisan attacks by “woke organizations.”
“Government bureaucracy doesn’t own our children,” Arntzen stated. “I stand with Montana parents rightfully concerned over sexual indoctrination in the classroom. Montana families have the right to know and opt out of what their children are being taught. I will continue to fiercely defend parental rights.”
Asked for a comment, spokesperson for Gianforte, Kaitlin Price, stated, “The governor remains committed to preserving a Montana parent’s role in his or her child’s education, particularly a parent’s right to know when a child might be exposed to sexually explicit content in the classroom.”
The plaintiffs argue that SB 99 has caused widespread confusion among educators in Montana about which materials it applies to and how to make these available for public review. They also describe the law as an attempt by lawmakers and officials to marginalize LGBTQ students in public schools by discouraging discussions about LGBTQ history, literature, art, and politics.
Plaintiff Eva Stahl, a Montana student, said, “It really feels like the purpose of SB 99 is to silence people. This law doesn’t protect students, it just makes our lives harder and our schools worse.”
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