Vote Smart's Synopsis:

Vote to concur with House votes and pass a bill that prohibits discipline against students who refuse to use peers' preferred names or pronouns in Montana.

Highlights:

• Specifies the title of this bill to be the “Free to Speak Act” (Sec. 1).

• Defines the term “employee” to mean an individual who is employed or contracted by a public school or the state (Sec. 2).

• Defines the term “public school” to mean (Sec. 2):

• A noncharter public school;

• A public charter school; or 

• A public institution of higher education.

• Defines the term “student” to mean an individual who is enrolled in a public school on a full-time or part-time basis (Sec. 2).

• Prohibits disciplinary action for students who decline to (Sec. 3):

• Identify the student’s pronouns; or

• Address an individual by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Prohibits adverse employment action for employees for declining to (Sec. 3):

• Identify the employee’s pronouns while acting within the scope of employment; or

• Address an individual by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Prohibits the state from penalizing or taking an adverse action against an individual if the individual declines to (Sec. 3):

• Identify the individual’s pronouns; or

• Address a person by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Authorizes an individual to bring a cause of action against a public school or the state for monetary damages, attorney fees, and injunctive relief, if the individual is harmed by a violation of the provisions of this bill (Sec. 4).

• Requires civil actions related to violations of this bill to be brought within 2 years of the alleged violation (Sec. 4).

• Specifies that the effective date of this bill is immediately after the governor's signature (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits discipline against students who refuse to use peers' preferred names or pronouns in Montana.

Highlights:

• Specifies the title of this bill to be the “Free to Speak Act” (Sec. 1).

• Defines the term “employee” to mean an individual who is employed or contracted by a public school or the state (Sec. 2).

• Defines the term “public school” to mean (Sec. 2):

• A noncharter public school;

• A public charter school; or 

• A public institution of higher education.

• Defines the term “student” to mean an individual who is enrolled in a public school on a full-time or part-time basis (Sec. 2).

• Prohibits disciplinary action for students who decline to (Sec. 3):

• Identify the student’s pronouns; or

• Address an individual by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Prohibits adverse employment action for employees for declining to (Sec. 3):

• Identify the employee’s pronouns while acting within the scope of employment; or

• Address an individual by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Prohibits the state from penalizing or taking an adverse action against an individual if the individual declines to (Sec. 3):

• Identify the individual’s pronouns; or

• Address a person by a name other than the individual’s legal name or a derivative of the individual’s legal name.

• Authorizes an individual to bring a cause of action against a public school or the state for monetary damages, attorney fees, and injunctive relief, if the individual is harmed by a violation of the provisions of this bill (Sec. 4).

• Requires civil actions related to violations of this bill to be brought within 2 years of the alleged violation (Sec. 4).

• Specifies that the effective date of this bill is immediately after the governor's signature (Sec. 7).

Full Bill Text