Montana Gov. Gianforte signed HB400 'Free to Speak Act' shielding refusal to use transgender students' pronouns from discipline

On May 1, 2025, Montana Gov. Greg Gianforte signed House Bill 400, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, enacting the "Free to Speak Act." The law bars public schools and state agencies from disciplining students, teachers, or state employees who refuse to use another person's preferred name, pronouns, or gender identity when it does not match that person's sex assigned at birth, and it creates a private right of action to sue over non-enforcement. The bill passed the House 56-42 on February 21, 2025 and the Senate 28-20 on April 11, 2025, with three Republicans — Sens. Wendy McKamey, John Esp, and Russ Tempel — joining all 20 Democrats in opposition.

Supporters, including sponsor Mitchell, framed the law as protecting free-speech and conscience rights and keeping schools focused on "education, professionalism, and open discourse, not indoctrination." Opponents — including school administrators, tribal representatives from the Chippewa Cree, Fort Belknap, and Blackfeet nations, and Planned Parenthood Advocates of Montana — said the law effectively legalizes deadnaming and misgendering of transgender students and employees and raises constitutional concerns; state Sen. Cora Neumann called it "a mean, cruel bill."