Montana Gov. Gianforte signed HB638, banning diversity statements referencing sexual orientation and gender identity in state hiring

On May 1, 2025, Montana Gov. Greg Gianforte signed HB638, "Revise human rights laws," sponsored by Rep. Randyn Gregg. The law bars state and local government agencies — including universities, colleges, and school districts — from requiring, requesting, soliciting, or compelling anyone to provide a "diversity statement," and prohibits granting preferential consideration to anyone who submits one. It defines a diversity statement as any submission promoting differential treatment based on race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity, explicitly naming sexual orientation and gender identity among the listed categories. Agencies may accept diversity statements only to the minimum extent federal law requires, though the law leaves existing anti-discrimination and anti-harassment compliance policies in place.

Gregg said diversity statements had "acted as an ideological litmus test" and risked "compelling speech" from applicants and employees. HB638 is part of a broader 2025 Montana legislative session in which Gianforte signed a series of measures narrowing civil-rights considerations and restricting transgender and LGBTQ+-related policy, including a companion measure signed the same day, HB471, which added parental-consent requirements to school instruction on gender identity and sexual orientation.