Big Sky Times

Opponents of a new bill proposed in Montana argue that the legislation is similar to Florida's Stop WOKE Act, which was recently challenged in court and ruled to violate the First Amendment. 

Critics expressed concerns that the Montana bill, which is also known as the “Montana Individual Freedom Act,” could create hostile work environments and hinder efforts to address systemic discrimination. The bill, which is sponsored by Sen. Jeremy Trebas (R-Great Falls) would ban diversity, equity and inclusion training conducted by “the state or any of its political subdivisions,” meaning schools. 

“I have no doubts that this is little more than a censorship attempt rooted in a coordinated national effort to roll back progress on racial and social justice,” Montana Human Rights Network Executive Director Angelina González-Aller said in opposition to the bill, according to Dailly Montanan. 

The terminology that will be used in the proposed legislation has been compared by opponents of the measure to the phrase that was used in the Stop WOKE Act in Florida, which was recently challenged in court. Concerns have been raised by certain individuals that the measure would make working conditions more dangerous and impede efforts to make headway in the fight against systemic discrimination.

The Stop WOKE Act has come under fire for being an assault on free expression and an attempt to squelch talks about structural racism and inequality. These accusations have been made by a number of different people, The Guardian reported. A judge came to the conclusion that the law in question violates the First Amendment and has a significant risk of causing irreparable injury to the parties involved in the action, who include civil rights organizations and individual instructors. It is anticipated that this decision will have far-reaching repercussions for both the education system in the state as a whole, as well as the larger discussion about critical race theory in the country.

In Montana, the ban of required training, instructions or activities that foster the idea of certain discriminatory acts is outlined in SB 222. It would make it against the law to put a person through instruction that tries to convince them that some groups of individuals are intrinsically more racist or sexist than others, or that they are morally superior to other groups of people. Employers would only be permitted to provide training if it is done so in an objective manner and does not encourage any discriminatory beliefs.

The provisions of this section would need to be complied with by both vendors and contractors who have documented policies or contracts, as that is another requirement of the bill. In addition, two portions of the Montana Code that pertain to standards for public procurement and nondiscrimination clauses in public contracts would be altered.

Trebas and proponents of the measure say it is necessary so that employees are not forced to undergo any types of trainings they disagree with.

“Certainly not arguing that we limit free speech or free speech that we don’t agree with, especially in the public realm, only as it could apply to employees who have no option to opt out, unless they want to take another job,” Trebas told Daily Montanan.