Montana Students and Educators Challenge Human Sexuality Parental Notification Law in Court

DEBARYLIFE – A lawsuit was filed on Tuesday by a group of students, teachers, librarians, and organizations that represent school psychologists and counselors in Montana in an attempt to overturn a law that will go into effect in 2021 and require school personnel to give parents 48 hours’ notice before teaching or having any conversation with students about “human sexuality.”

The group claimed that Senate Bill 99, which was passed during the 2021 legislative session and signed into law by Governor Greg Gianforte, violates numerous state constitutional provisions guaranteeing the rights to freedom of speech and expression, privacy, due process, equal protection, and a high-quality education.

As a result, the group asked a judge in the Lewis and Clark County District Court to permanently block the bill.

Marthe VanSickle, an attorney with the ACLU of Montana, one of three legal firms and organizations representing the plaintiffs, stated that “teachers, librarians, and others are at risk of discipline if they unknowingly violate this legislation” in the absence of clear guidance on the issues covered by SB 99.

“SB 99 has left Montana schools navigating a state of uncertainty and vulnerability, impeding students’ ability to learn and endangering the free flow of ideas.”

In response, the Governor’s Office and Elsie Arntzen, the Superintendent of Public Instruction, stated that they are still dedicated to upholding the law and guaranteeing a parent’s right to know whether their child is being taught explicit material in school.

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The governor’s spokesperson, Kaitlin Price, issued a statement saying, “While the governor’s office generally doesn’t comment on ongoing litigation, the governor remains committed to preserving a Montana parent’s role in his or her child’s education, especially a parent’s right to know when a child might be exposed to sexually explicit content in the classroom.”

The plaintiffs include the Montana Association of School Psychologists, the Montana School Counselors Association, two students, a Billings high school English teacher, a Billings West librarian, and an organization called EmpowerMT that trains the state’s school districts on creating more inclusive learning environments.

They allege that the law’s ambiguity is causing numerous problems for educators, the Two Spirit and LGBTQ+ community, and mental health professionals who work with students. They are suing Gianforte, Arntzen, her Office of Public Instruction, and the Montana Board of Public Education, claiming that the law is being “weaponized” to stifle discussions and lessons that some parents might morally object to.

The lawsuit claims that SB 99 is a component of a deliberate attempt by the Legislature and the Defendants to remove 2S-LGBTQIA+ history, opinions, and curriculum from public instruction.

Additionally, it’s a part of a larger campaign to incite hatred toward 2S and LGBTQIA+ people. SB 99, in summary, marginalizes the experiences, goals, history, and worries of the 2S-LGBTQIA+ community.

The group claims that because of the law, educators—including librarians, counselors, psychologists, and teachers—avoid talking about gender identity, sexual health, and even legal issues in unplanned classes so as not to run the danger of facing consequences for breaking the law.

They claim that after almost three years, they still don’t have much advice on when parents should be notified—two days ahead of time—before any lesson or conversation.