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Heated debate over SB 407 on flags and posting "In God We Trust" in schools; committee ultimately tables the bill

Senate Education and Cultural Resources Committee · February 27, 2025
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Summary

SB 407 would ban displays of social or political flags in public schools and require posting of the national motto "In God We Trust"; tribal leaders, civil-rights groups and educators warned the bill is vague and risks banning tribal flags and violating the Constitution; the committee moved to table the bill after executive action and a motion to reverse the vote.

Sen. Bob Phelan presented SB 407, which would prohibit display of flags or symbols representing a social or political cause in public schools while requiring the display of the national motto "In God We Trust" in classrooms. The sponsor framed the bill as a way to promote patriotism and prevent ideological advocacy in school buildings.

Opponents—including tribal leaders, the ACLU of Montana, nonprofits and educators—warned that the bill's broad definitions of "symbol" and "social cause" could sweep in tribal flags, historical artifacts and instructional materials. Alissa Snow and Keaton Sunchild testified the language could put sovereign tribal flags at risk. The ACLU's Henry Seaton said the mandated display of the motto raises establishment-clause concerns.

Committee questions focused on vagueness, tribal sovereignty, bargaining implications with collective bargaining agreements, and whether local school boards already have authority over classroom displays. Legal counsel and witnesses noted federal equal-access and labor law constraints in some contexts. Several opponents urged leaving these decisions to locally elected trustees and local policy.

In executive action the committee held a roll call that produced a divided record; a subsequent motion to reverse and table the bill passed, removing it from immediate consideration. Sponsor Phelan said he would continue to pursue the measure but the committee moved to set the bill aside pending further work.