The Montana Senate’s final vote on Friday endorsed a bill prohibiting public schools from penalizing students or staff who refuse to use others’ preferred names or pronouns. Supporters consider it a defense against forced speech, while critics say it harms transgender students. The bill now awaits Republican Gov. Greg Gianforte’s decision for a signature or veto.
House Bill 400, authored by Rep. Braxton Mitchell, R-Columbia Falls, entered the House Judiciary Committee in February and has since sparked intense debate. Dubbed the “Free to Speak Act,” it aims to protect free speech rights in public K-12 schools, preventing any action against those who refuse to acknowledge preferred names or pronouns. The bill also extends protections to state employees.
Conservative groups like the Montana Family Foundation back the proposal, though education advocates warn it could hinder efforts to combat bullying. HB 400 passed mainly along party lines through the House and the Senate Judiciary Committee before reaching the Senate floor on April 10.
Debate on the bill was emotionally charged, with lawmakers revisiting previous arguments. Opponents, including Sen. Cora Neumann, D-Bozeman, labeled it a distraction from pressing issues like property tax relief. Neumann criticized the bill as “mean, cruel,” highlighting the high legislative costs associated with such measures.
Democrats expressed confusion and outrage over HB 400. Sen. Pat Flowers, D-Belgrade, questioned the rationale behind the bill, urging trust in teachers to manage their classrooms. Sen. Sara Novak linked the bill’s controversy to recruitment and retention challenges in education.
Opponents, like Sen. Laura Smith, argued against the bill’s perceived negative impact on public educators. Meanwhile, supporters, including Sen. John Fuller, R-Kalispell, framed it as protection for personal values and religious beliefs.
HB 400 passed in the Senate 28-20, with three Republicans joining Democrats in opposition. Sen. Wendy McKamey, R-Great Falls, spoke against the bill, emphasizing the need to respect personal freedoms.
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