Montana college students, faculty, others challenge new laws
HELENA, Mont. (AP) — Former members of the Board of Regents, a former commissioner of higher education and others are asking the Montana Supreme Court if four new laws passed by the Legislature infringe on the board’s constitutional authority to set policy on state campuses.
“The overarching purpose of this petition is not to challenge the specifics of the contested bills,” according to the filing Thursday. “Rather, the purpose is to vindicate the regents’ authority.”
The complaint asks the Montana Supreme Court to rule on whether the Legislature overstepped its authority in passing a law that allows people to carry concealed firearms on campuses without a permit and another that prohibits transgender athletes from participating on women’s sports teams at colleges and universities.
It also challenges whether the Legislature could restrict the ability of student organizations to register fellow students to vote in dorms and dining halls or require campuses to provide meeting places and other resources to religious, political or ideological student organizations even if they hold views that others find offensive.
The petition was made by former Regents Steve Barrett and Robert Knight, former Commissioner of Higher Education Lawrence Pettit, the Montana Federation of Public Employees, faculty groups and members, and students and a student group.
It names the state and Republican Gov. Greg Gianforte as respondents.
Gianforte’s spokesperson, Brooke Stroyke, said the governor would “staunchly defend the constitutionality of these laws.”
Attorney General Austin Knudsen’s office said the lawsuits are an effort to overturn the will of the voters, who overwhelmingly elected Republican lawmakers.
“They’re adopting the national playbook used against (former President Donald) Trump: filing as many lawsuits as they can in front of left-wing judges,” said Knudsen’s press secretary, Emilee Cantrell.
Montana’s Constitution says the regents have the full power, responsibility and authority to supervise, coordinate, manage and control the state university system.
One of the measures, Senate Bill 319, was changed late in the legislative session to make it more difficult to raise money for the Montana Public Interest Research Group, or MontPIRG, which is based at the University of Montana.
The regents have approved a $5-per-semester fee, which students can opt out of, to pay for MontPIRG’s work, which includes voter registration and get-out-the-vote efforts. Under SB319, students would have to opt in to paying the fee and pay it separately from their tuition and other campus fees.
The bill also prohibits political activity — such as voter registration, signature drives or get-out-the-vote efforts — in dorms, dining facilities and athletic facilities.
On the transgender athlete bill, the NCAA has a policy that allows transgender athletes to participate in women’s sports after undergoing a year of hormone therapy, according to Thursday’s complaint challenging the laws.
“It is up to the regents, the universities, and their athletic directors to work with the NCAA to ensure compliance with its extensive regulations,” the petition says.
It was filed the same day the Board of Regents petitioned the state Supreme Court to block the campus carry law, which is scheduled to take effect on June 1, and issue a ruling on its constitutionality.
The regents voted Wednesday to file the complaint after an overwhelming majority of public comments on its plan to implement the gun law urged them to instead take legal action.
In the three weeks since the 2021 Legislature adjourned, lawsuits have been filed to challenge nine new laws.
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This story has been corrected to show that the state and Gov. Greg Gianforte are respondents, not plaintiffs.