Three-year-old sex education law draws a legal challenge

The constitutionality of a 2021 state law governing parental notification of sex-related discussions in public schools is now being challenged by a coalition of Montana students, teachers and associations representing school counselors and psychologists.

The lawsuit, filed Tuesday in Lewis and Clark County District Court by the ACLU of Montana, targets Senate Bill 99, which requires schools to alert parents 48 hours ahead of lessons involving a range of topics related to human sexuality, reproductive rights and LGBTQ issues. The law also requires schools to notify parents of their right to excuse their children from those lessons.

Senate Bill 99 of 2021 is unrelated to Senate Bill 99 of 2023, which bans gender-affirming health care for minors, and which was temporarily enjoined by a district court judge in September 2023 while a legal challenge against it continues.