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Montana Representative proposes parental opt-in for sex ed on sexuality and gender identity

The proposed bill would require parents to opt their students into subjects regarding human sexuality and identity.
69th Session Montana Legislature
Montana Republican Majority Whip Jedediah Hinkle
Montana Democratic Representative Zooey Zephyr
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HELENA — Montana House Bill 471 had its initial hearing in the House Judiciary Committee on Tuesday.

The proposed bill would require parents to opt their students into subjects regarding human sexuality and identity.

State Representative Jedediah Hinkle, a Republican from Belgrade, sponsored House Bill 471.

The text of the bill defines “human sexuality instruction” as the following topics: intimate relationships, sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, abstinence, contraception, or reproductive rights and responsibilities.

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HB 471

“Identity instruction” is defined as topics about gender identity, gender expression, or sexual orientation.

“This bill aims to accomplish transparency and to make sure that parents know exactly what their children are taught in the school system. I do not believe that sexual orientation, gender expression and gender identity should really be brought and taught in the schools,” said Republican Majority Whip Jedediah Hinkle.

Proponents of the bill argued that this legislation would strengthen parental rights.

“This bill is not about restricting knowledge, it's about ensuring that parents who know their children best are given the opportunity to make informed decisions regarding sensitive topics such as human sexuality and identity instruction,” testified Katie Bloodgood, a representative for the Office of Public Instruction.

Opponents of the bill argue that the bill restricts learning about LGBTQ+ people and that it would create further confusion for schools.

“The representative who sponsored this bill wants to make sure people like me can't be seen in public life and that their kids don't have to learn that we exist. It gets framed as parental choice. It gets framed as options. But we're really seeing that this bill is part of a concerted effort to make sure LGBTQ people can't be learned about,” said Democratic Representative Zooey Zephyr.

“House Bill 471 creates more confusion by allowing lessons to be opted out and other lessons to be opted in. You can see that most clearly on line 13, a parent can withdraw, which is an opt-out. Line 15 of your bill, a parent has to provide written permission to opt in. Having to manage which students have opted in versus which have opted out would create logistical chaos for teachers and schools to manage,” testified Rob Watson, a representative for School Administrators of Montana.

The House Judiciary Committee will now vote on the bill after which a committee report and a second reading will be done before it advances to a vote in the House.