On April 28th, Montana lawmakers passed HB359, a controversial bill attempting to ban drag shows from taking place in public across the state. This legislation, sponsored by Republican Braxton Mitchell, presents a vague definition of drag that could prohibit many forms of pantomime, music concerts, and other performances. The bill now awaits signature by Republican governor Greg Gianforte.
As LGBTQ+ performers contemplate their future, there are concerns that the ban is so loosely worded that it could extend to most costume-based performances, including Shakespearean plays and even Halloween costumes. The definition of drag queens and kings in the bill as “a male or female performer who adopts a flamboyant or parodic [male or female] persona with glamorous or exaggerated costumes and make-up” could have implications for artists such as Lady Gaga, Elton John, or Lana Del Rey.
Live performers, including LGBTQ+ artists, are already questioning their future ability to host events in Montana if the bill becomes law. The lack of clarity has raised questions from social media users, who fear the bill may even prohibit the right of expression for trans singers or makeup wearers in general.
The controversial legislation has been met with criticism from various quarters, including Human Rights Campaign legal director, Sarah Warbelow, who belittled the wave of anti-drag bills in the US. Many live performers are beginning to fear for their future in Montana.
The state’s decision to pass the drag ban coincided with controversy surrounding its treatment of trans representative Zooey Zephyr. Shortly after a speech in opposition to a state bill targeting trans youth, Zephyr was blocked from speaking by Republican speaker of the house, Matt Regier. Montana activists have since urged lawmakers to rescind their ban on Zooey Zephyr.
In response, the American Civil Liberties Union (ACLU) Montana announced on May 1st that it was suing Regier and the state, accusing them of violating First Amendment rights. ACLU Montana legal director, Alex Rate, stated that Regier had “unfairly, unjustly, and unconstitutionally” silenced Zephyr’s constituents, calling the censure a “direct threat to the bedrock principles that uphold our entire democracy.”
As uncertainty hangs over the future of live performances in Montana, the controversy surrounding the drag ban and the treatment of Zooey Zephyr has shown that LGBTQ+ rights remain a contentious issue in the state.