Montana Senate Bill SB243

Montana 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23

Caption

Prohibit discrimination in real-estate sector based on free speech and religion

Impact

The passage of SB 243 would amend multiple sections of the Montana Code Annotated to ensure that licensed professionals can exercise their rights without fear of repercussion in their professional duties. This could significantly impact the standards under which professional conduct is reviewed and enforced, particularly in the real estate sector. This change aims to enhance individual freedoms while providing certain immunities to those who might be subjected to complaints that infringe upon their constitutional rights.

Summary

Senate Bill 243 aims to prohibit discrimination based on the free exercise of religion and the freedom of speech and expression within the real estate industry and other licensed professions. The bill declares that requiring membership in an organization to access a multiple listing service is an unfair method of competition. Furthermore, it stipulates that licensed professionals should not face investigation for complaints based on their exercise of these fundamental rights. Provisions have been included to protect such professionals from adverse actions taken against them on these grounds.

Contention

Key points of contention surrounding SB 243 arise from concerns over the implications of allowing licensed professionals, particularly realtors, to operate without the threat of discipline for expressing their beliefs or political opinions. Critics argue that while protecting freedom of expression is important, such provisions could also lead to justifications for discriminatory practices under the guise of religious or speech rights. Opponents fear that this could undermine professional accountability and ethics within the industry, particularly in a state where the real estate market is competitive and consumers require protection from potential bias.