Montana judge rules in favor of drag queens

A federal judge has upheld an injunction on Montana’s ban on drag performances, saying he believes the law is likely unconstitutional. It would infringe upon American’s right to free speech and expression.

The plain text and history of the law’s passage also shows evidence of “anti-LGBTQ+ animus,” he ruled.

Related:

Ron DeSantis loses again as judge refuses to reinstate Florida’s drag ban

Florida said letting kids see drag causes them “irreparable harm.” The judge noted that kids can already see R-rated films with their parents.

Montana’s law was the first in the country to specifically ban drag performers from reading to kids. In addition to explicitly prohibiting drag story hour in public schools and libraries, it also says no “sexually oriented or obscene performances” – which Republicans have been using as code for any drag – can take place in public places where children are present.

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“No evidence before the court indicates that minors face any harm from drag-related events or other speech and expression critical of gender norms,” U.S. District Court Judge Brian Morris wrote in his ruling. He said how the law was written would “disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms.”

A transgender woman, two bookstore owners, and an educator who teaches in historical costumes sued the state in July to overturn the law. Morris had already issued an injunction to prevent the state from enforcing the law that allowed the state’s Pride festivals and parade to continue like normal.

Similar laws in Tennessee and Florida have also been blocked.