Barrett v. State
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A group of plaintiffs, including former members of the Montana Board of Regents, faculty organizations, student groups, and individual students, challenged the constitutionality of three bills passed by the Montana Legislature in 2021. The bills in question were HB 349, which regulated student organizations and speech on campus; HB 112, known as the "Save Women's Sports Act," which required sports teams to be designated as male, female, or coed based on biological sex; and § 2 of SB 319, which revised campaign finance laws and regulated the funding of certain student organizations. The plaintiffs argued that these bills infringed on the constitutional authority of the Board of Regents to supervise, coordinate, manage, and control the Montana University System.
The District Court of the Eighteenth Judicial District, Gallatin County, granted the plaintiffs' motion for summary judgment, declaring HB 349, HB 112, and § 2 of SB 319 unconstitutional. The court also denied the plaintiffs' request for attorney fees. Both parties appealed this order.
The Supreme Court of the State of Montana affirmed the District Court's decision. The court found that the plaintiffs had standing to bring their claims and that the challenged bills were unconstitutional. The court also upheld the District Court's denial of the plaintiffs' request for attorney fees, as the justices could not reach a majority opinion on this issue.
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