Hayes v. Lame Deer High School District

specially concurs.

¶21 I specially concur in our opinion. L write separately, first, because I believe that the dissent’s criticism of the procedural component of our opinion is unfounded and, second, because I have my own rationale for concluding that § 20-6-320(6), MCA1 is unconstitutional beyond a reasonable doubt. In sum, I believe that we are correct in addressing this issue; I believe that we are correct in holding the statute unconstitutional; and, finally, I believe that the Legislature can amend the statute to cure its constitutional infirmities by articulating reasonably clear and…