A transgender woman, two bookstore owners, and an educator who teaches in historical costumes have filed a federal lawsuit against Montana over its law banning drag performers from reading to children. The lawsuit alleges that the law, considered “breathtakingly ambiguous and overbroad,” is driven by anti-LGBTQ+ animus and violates Constitutional rights to free speech and equal protection under the law. If successful, the suit could lead to a block on enforcing the controversial legislation.
The lawsuit’s plaintiffs include Adria Jawort, a trans woman whose planned lecture on Two-Spirit culture at a local library was canceled due to concerns about violating the law’s prohibition on “flamboyant or parodic” portrayals by male or female performers. Jawort described the law as reminiscent of past discriminatory practices aimed at arresting trans individuals for wearing clothing that didn’t align with their assigned gender.
Rachel Corcoran, an educator at a Billings high school known for dressing up as literary, historical, or pop culture characters to engage special education students, also joined the lawsuit. Corcoran expressed concerns that the law would impede her ability to dress up for school events and impact her teaching methods, hindering her classroom’s creativity and limiting celebrations such as homecoming.
In addition to individual plaintiffs, the lawsuit involves businesses, organizations, and community centers that host all-ages drag events, as well as an independent theater that occasionally screens PG-13 or R-rated films. The law’s prohibition on “sexually oriented performances” in front of minors could potentially restrict their operations and expose them to legal repercussions.
Montana’s drag reading ban stands out among similar laws in other states due to its prohibition on both drag queens and drag kings reading to children. Violators of the law, including performance organizers and educators, may face fines, suspension, or even revocation of their educational credentials. However, federal judges in Tennessee and Florida have previously blocked drag bans, citing violations of individuals’ rights to free speech.
As the plaintiffs challenge Montana’s drag reading ban, their lawsuit holds the potential to not only protect the rights of drag performers but also bring about a legal precedent that reverberates beyond state borders. The outcome of this case could shape the future of LGBTQ+ inclusion and equal rights in educational and artistic settings, underscoring the ongoing struggle for acceptance and freedom of expression.