The Montana Senate on Friday cast the final vote approving a bill restricting public schools from taking action against students or staff who decline to use the preferred names or pronouns of other individuals — a move supporters have framed as a protection against compelled speech but opponents have criticized as damaging to transgender students. The controversial proposal now passes to Republican Gov. Greg Gianforte for his signature or veto.
House Bill 400, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, has sparked considerable debate since it first appeared in the House Judiciary Committee in mid-February. Mitchell initially pitched the measure, which he titled the “Free to Speak Act,” as a protection of free speech rights in public K-12 schools. The bill would prevent individuals from facing disciplinary action for refusing to use the preferred name or pronoun of another and grant a person legal recourse for any punitive steps taken against them for using the non-preferred names or pronouns. HB 400 extends those same provisions to state employees as well.
The proposal drew support from conservative-leaning organizations including the Montana Family Foundation, but sparked strong pushback from public education advocates concerned about the effects HB 400 would have on educators’ ability to address bullying and harassment among students. It advanced on largely party-line votes through the House chamber and then the Senate Judiciary Committee before landing on the Senate floor April 10.