The goal of a lawsuit that has been brought by a coalition of students, educators, and organizations in the state of Montana is to prevent the implementation of a controversial law that will take effect in 2021 and require parental notification forty-eight hours in advance of any discussion or teaching relating to “human sexuality” in schools. The case, which was submitted to the District Court of Lewis and Clark County, asserts that Senate Bill 99 violates a number of elements of the state Constitution. These principles include freedom of speech and expression, privacy, due process, and equal protection.
According to the plaintiffs, who are represented by three different legal companies, one of which being the American Civil Liberties Union of Montana, the vagueness of the statute has resulted in a chilling impact on classroom discussions and has hampered learning opportunities for kids. They assert that the rule has a disproportionate impact on kids who identify as LGBTQ+ and belong to the Two Spirit community, making it more difficult for them to access information and fostering an atmosphere of hostility in schools.
In response, the office of Governor Greg Gianforte and Elsie Arntzen, the Superintendent of Public Instruction, have reaffirmed their support for the law, putting an emphasis on the rights of parents and the necessity of transparency in the educational system. The plaintiffs have criticized Arntzen for framing the action as an assault on conservative values and parental rights. Arntzen is experiencing criticism from the plaintiffs.
It is possible that the decision of the lawsuit will have substantial repercussions for the education system in Montana as well as the current discussion regarding the proper role of parental involvement in the curriculum of schools.
