Globeblognews
A federal judge in Montana has upheld the ban on the enforcement of a controversial law that restricts drag shows and bans drag reading events in public schools and libraries. U.S. District Court Judge Brian Morris ruled that the law violates free speech and expression, and shows anti-LGBTQ+ bias. The preliminary injunction prevents the law from being enforced while the case is ongoing.
The law, which was challenged in a lawsuit filed on July 6, argues that drag shows and reading events are indecent and inappropriate for minors and could be potentially harmful. However, the plaintiffs argue that Montana law already protects minors from exposure to obscenities and that there is no evidence to suggest that drag-related events or critical speech about gender norms harm children.
Judge Morris granted a temporary restraining order against the law in late July, allowing the Montana Pride celebration to take place without concerns of violating the law. In his ruling, Morris stated that the law disproportionately harms drag performers and anyone who falls outside traditional gender and identity norms. He also criticized the law for its lack of clear definitions and potential for arbitrary and discriminatory enforcement.
Furthermore, the law makes Montana the first state to specifically ban drag kings and drag queens from reading books to children in public schools or libraries, even without a sexual element. However, the law fails to adequately define terms such as “flamboyant” or “glamorous.”
Enforcement of the law includes fines for businesses and the loss of state licenses and funding for schools or libraries that violate the ban. Additionally, individuals who attended a drag performance as a minor that violated the law can sue those who promoted or participated in the event within a 10-year period.
Judge Morris found the law flawed, similar to laws in Florida and Tennessee that have been blocked, as it regulates speech based on its content and viewpoint without considering its potential literary, artistic, political, or scientific value.
This ruling is seen as a victory for free speech and the LGBTQ+ community, while also highlighting the ongoing debate surrounding the rights of drag performers and the freedom to express diverse gender identities.
Keyword: Montana Judge, ban, drag shows, reading events, law, LGBTQ+