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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.