In a significant development just days before the 30th anniversary celebration of Montana Pride in Helena, a federal judge in Montana has issued a temporary restraining order to block a new law that restricts drag performances. U.S. District Court Judge Brian Morris deemed the law’s wording as potentially causing disproportionate harm to drag performers and individuals who do not conform to traditional gender and identity norms, including transgender people.
The controversial law sought to ban minors from attending what it referred to as “sexually oriented” performances, as well as prohibiting such performances in public places where minors could be present. However, one of the primary issues with the legislation was its vague and insufficient definitions of key terms, leading to self-censorship by individuals out of fear of prosecution.
Montana Pride, an annual LGBTQ+ celebration featuring events such as a parade, street dance, and drag brunch, can now proceed with some of its activities in public spaces following the court’s ruling. The decision comes as a relief to the LGBTQ+ community, with Montana Pride President Kevin Hamm commending the judge’s language as a potential deterrent to discriminatory actions by lawmakers in the future.
The lawsuit challenging the law’s constitutionality was filed on July 6 and later amended to include the city of Helena as a defendant and Montana Pride as a plaintiff. By obtaining the temporary restraining order, Montana Pride ensured the protection of their constitutional rights of free expression during their public events.
Central to the lawsuit was the argument that the law was motivated by anti-LGBTQ+ sentiments, and Judge Morris supported this contention by highlighting the potential for arbitrary and discriminatory enforcement. Montana’s law shares similarities with others in states like Florida and Tennessee, which have also been blocked by courts due to their content-based regulation of speech without considering its literary, artistic, political, or scientific value.
Drag, as expressed by Diana Bourgeois, president of the Imperial Sovereign Court of the State of Montana, is inherently political and artistic speech. The court’s ruling protects the right of drag performers to be commentators and artists, fostering a safe, joyful, and inclusive environment through their expression.
Montana has witnessed a series of laws targeting transgender individuals, including bans on gender-affirming care for minors and a definition of sex as solely “male” or “female” in state law. The contentious legislation also made Montana the first state to specifically ban drag kings and drag queens from reading books to children in public schools or libraries, despite these performances being non-sexual in nature.
The lawsuit will proceed with an upcoming preliminary injunction hearing on August 26, where further arguments will be presented in defense of the law. Meanwhile, the community remains hopeful for a continued safeguarding of their right to expression and inclusion in Montana’s diverse cultural landscape.