Current:Home > reviewsMontana judge keeps in place a ban on enforcement of law restricting drag shows, drag reading events -Edge Finance Strategies
Montana judge keeps in place a ban on enforcement of law restricting drag shows, drag reading events
View
Date:2025-04-28 12:29:11
HELENA, Mont. (AP) — A federal judge in Montana is continuing to block enforcement of a law that puts restrictions on drag shows and bans drag reading events in public schools and libraries, saying Friday that the law targets free speech and expression and that the text of the law and its legislative history “evince anti-LGBTQ+ animus.”
The preliminary injunction, granted by U.S. District Court Judge Brian Morris, prevents enforcement of the law while a lawsuit filed on July 6 moves through the court process. Morris heard arguments over the injunction on Aug. 28.
In briefs, the state argued “the Legislature determined sexually oriented performances and drag reading events to be indecent and inappropriate for minors,” and potentially harmful.
Protecting minors from divergent gender expression is not the same as protecting minors from obscene speech, attorney Constance Van Kley argued for the plaintiffs during the Aug. 28 hearing.
Montana law already protects minors from exposure to obscenities, the plaintiffs argued.
“The state hasn’t argued meaningfully that the speech targeted by (the new law) — beyond the obscenity already regulated — is potentially harmful to children,” the plaintiffs argued in court filings.
The state is not trying to establish a new obscenity standard in regulating drag performances, Assistant Attorney General Michael Russell said during arguments over the injunction.
“We’re arguing that they’re indecent and improper for minors only,” and that the state has an interest to protect minors from that kind of conduct, he said.
“No evidence before the Court indicates that minors face any harm from drag-related events or other speech and expression critical of gender norms,” Morris wrote in granting the injunction.
Morris had granted a temporary restraining order against the law in late July, in time to allow Montana Pride to hold its 30th annual celebration in Helena without concerns about violating the law.
The judge said the way the law was written would “disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms.” He said the law did not adequately define actions that might be illegal and appears likely to ”encourage arbitrary and discriminatory enforcement.”
The law seeks to ban minors from attending “sexually oriented performances,” and bans such performances in public places where children are present. However, it does not adequately define many of the terms used in the law, causing people to self-censor out of fear of prosecution, attorneys for the plaintiffs argue.
The law also made Montana the first state to specifically ban drag kings and drag queens — which it defined as performers who adopt a flamboyant or parodic male or female persona with glamorous or exaggerated costumes and makeup — from reading books to children in public schools or libraries, even if the performances do not have a sexual element.
The law does not define terms like “flamboyant,” “parodic” or “glamorous,” Morris said in July.
Enforcement can include fines for businesses if minors attend a “sexually oriented performance.” The law also calls for the loss of state licenses for teachers or librarians, and the loss of state funding for schools or libraries, that allow drag reading events to be held. It allows someone who, as a minor, attended a drag performance that violated the law to sue those who promoted or participated in the event at any time over a 10-year period after the performance.
Montana’s law is flawed — like similar laws in Florida and Tennessee that have been blocked by courts — because it regulates speech based on its content and viewpoint, without taking into account its potential literary, artistic, political or scientific value, Morris found in July.
The U.S. Supreme Court in 1972 set guidelines to determine whether something is obscene: Whether the work appeals to the prurient interest — a degrading or excessive interest in sexual matters; whether it depicts or describes sexual conduct in a patently offensive way; and whether the work lacks serious serious literary, artistic, political or scientific value.
Like many Republican-led states, Montana’s conservative lawmakers have passed other laws targeting transgender people. The state’s law banning gender-affirming medical care for minors has been blocked by a state judge. Montana’s Republican-controlled legislature also passed a bill to define sex as only “male” or “female” in state law. That law was challenged this week, with arguments that it blocks legal recognition and protections to transgender, nonbinary and intersex residents.
“It is absolutely impermissible for the government to deny benefits to a group of people on the basis of their straightforward hostility to them,” said Van Kley. In the “male” or “female” sex case, “there is pretty substantial evidence that the intent was to target transgender people,” Van Kley added.
veryGood! (6)
Related
- 'Squid Game' without subtitles? Duolingo, Netflix encourage fans to learn Korean
- Red Sox shortstop Trevor Story to undergo season-ending shoulder surgery
- Oliver Hudson Admits to Cheating on Wife Erinn Bartlett Before They Got Married
- Democrats lean into border security as it shapes contest for control of Congress
- Bill Belichick's salary at North Carolina: School releases football coach's contract details
- When Will Paris Hilton Share Photos of Baby Girl London? She Says…
- Tara VanDerveer retires as Stanford women’s hoops coach after setting NCAA wins record this year
- Stock market today: Asian markets are mixed, Shanghai falls as Fitch lowers China’s rating outlook
- Highlights from Trump’s interview with Time magazine
- Travel With the Best Luggage in 2024, Plus On-Sale Luggage Options
Ranking
- Intel's stock did something it hasn't done since 2022
- Giannis Antetokounmpo exits Bucks-Celtics game with non-contact leg injury
- Stanford's Tara VanDerveer, NCAA's all-time winningest basketball coach, retires
- Drake Bell “Still Reeling” After Detailing Abuse in Quiet on Set Docuseries
- The FBI should have done more to collect intelligence before the Capitol riot, watchdog finds
- Russ Cook, Britain's Hardest Geezer, runs length of Africa in 10,000-mile epic quest for charity
- New WIC rules include more money for fruits and vegetables for low-income families
- My job is classified as salaried, nonexempt: What does that mean? Ask HR
Recommendation
Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Hi Hi!
Beyoncé's Cowboy Carter reaches top of Billboard country albums chart
Man indicted in attempt to defraud 28 US federal bankruptcy courts out of $1.8M in unclaimed funds
Mama June Shares How She’s Adjusting to Raising Late Daughter Anna Chickadee Cardwell’s 11-Year-Old
A South Texas lawmaker’s 15
Paris Olympics slated to include swimming the Seine. The problem? It's brimming with bacteria
Dan Hurley, Rick Barnes pocket record-setting bonuses for college basketball coaches
Former Virginia assistant principal charged with child neglect in case of student who shot teacher