About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2021 Op. Mont. Att'y Gen. 1 (2021)

handle is hein.sag/sagmt0068 and id is 1 raw text is: AUSTIN KNUDSEN                         STATE OF MONTANA
VOLUME NO. 58                                                OPINION NO. 1
May 27, 2021
Hon. Elsie Arntzen
Superintendent of Public Instruction
Office of Public Instruction
P.O. Box 202501
Helena, MT 59620
HELD: In many instances, the use of Critical Race Theory and antiracism pro-
gramming discriminates on the basis of race, color, or national origin in violation of
the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil
Rights Act of 1964, Article II, Section 4 of the Montana Constitution, and the Mon-
tana Human Rights Act.
Dear Superintendent Arntzen:
You have requested an Attorney General Opinion on a question I have restated as
follows:
Whether the teaching of Critical Race Theory or so-called antiracism
in Montana schools violates the U.S. Constitution, Title VI of the Civil
Rights Act of 1964, Article II, Section 4 of the Montana Constitution, or
the Montana Human Rights Act.
I have determined that this matter is appropriate for a legal opinion and I am pleased
to respond. See MONT. CODE ANN. 2-15-501(7).
INTRODUCTION
Before addressing the specifics of your question, I want to note the importance
of this topic to my role as Attorney General. The events of the past year have gener-
ated enormous debate and discussion about the foundations of our country, our
national character, and the legacy of our mistakes.
The United States is an exceptional nation founded on exceptional principles.
Beyond a simple political revolt, the Founders waged an ideological revolution-one
that ushered in a new epoch and reordered American society around timeless truths.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most