Bill > HB400

This bill establishes the "Free to Speak Act," which protects students and employees in Montana's public schools and state institutions from disciplinary actions related to pronoun and name usage. Specifically, the bill prevents public schools and state entities from penalizing students or employees who decline to identify their own pronouns or address others using names, pronouns, or titles that differ from a person's legal name or biological sex. Students cannot be disciplined for refusing to share their pronouns or use preferred names/pronouns, and employees cannot face adverse employment actions for similar refusals. The bill allows individuals who believe they have been harmed by violations of these provisions to file a civil lawsuit within two years, seeking injunctive relief, monetary damages, attorney fees, and other appropriate remedies. The law defines "public schools" broadly to include noncharter public schools, public charter schools, and public higher education institutions, but excludes private and home schools. The bill is part of Title 49, which typically covers civil rights, and becomes effective immediately upon passage and approval. Notably, the bill includes a severability clause, meaning that if any part of the law is found invalid, the remaining valid portions will still be enforceable.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1522