Stand up Montana v. Missoula County Public Schools

Overview

(Supreme Court of Montana, December 12, 2023) The Supreme Court of Montana upheld the Missoula Public School’s COVID-19 mask mandate over challenges raised by parents that the mandate violated the parents’ state constitutional right to make medical decisions for their children and violated the students’ state constitutional rights of privacy and individual dignity. The Court found that masks are not medical treatment or devices such that there was no medical care being provided without the parent’s consent and that the case raised no fundamental constitutional rights of students. Applying the rational basis test, the Court found the County had a legitimate interest in preventing the spread of COVID-19 among students and staff and that mandating masks was a reasonable approach to protect that interest. Read the full Opinion here.

View all cases in the Judicial Trends in Public Health – February 15, 2024.

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