09/19/2022
Goetz firm founder Jim Goetz and partner Jeff Tierney, together with Raph Graybill of the Graybill Law Firm, recently prevailed in a constitutional dispute with the State of Montana concerning a number of controversial bills passed by the 2021 Montana Legislature. The lawsuit was brought on behalf of a coalition of Montana college students, faculty, administrators, public employees, and former Montana University System leaders. They challenged House Bill 102 (the “campus carry” bill, authorizing concealed and open carry of fi****ms on campus and in classrooms), House Bill 112 (banning transgender women from participating in collegiate athletics), and portions of Senate Bill 319 (prohibiting student organizations from engaging in certain political organization activities and undercutting funding for such groups), arguing that each bill amounted to improper political interference with the institutional autonomy of Montana’s institutions of higher learning. House Bill 102 was recently held unconstitutional by the Montana Supreme Court in a companion case, in which the Goetz team participated as amici curiae on behalf of the MUS students and faculty. Last week, Judge McElyea of the Montana Eighteenth Judicial District Court, Gallatin County, declared that each of the remaining challenged bills unconstitutionally violates Article X, Section 9 of the Montana Constitution, which reserves for the Montana Board of Regents the power and responsibility to supervise and manage the Montana University System. The court permanently enjoined any application or enforcement of the unconstitutional bills on all Montana University System campuses.
A district court has ruled two laws and a portion of a third passed by the Montana Legislature in 2021 related to the higher education system are unconstitutional.