U.S. District Judge Brian Morris lifted the ban on drag shows in Montana.
Morris criticized the law that banned such events when minors could be involved, arguing that it did not correctly define the actions that could be banned. He further held that it was likely to be applied in a discriminatory and arbitrary manner, and that it regulates expression by its content and point of view.
"The Court determines that H.B. 359’s statutory scheme likely will disproportionately harm not only drag performers, but any person who falls outside traditional gender and identity norms," the judge wrote in his decision.
The magistrate's temporary suspension came in a "time sensitive" manner "less than two days" from Montana Pride, by his own admission. The upcoming event was a determining factor for his decision, since even if he did not express a definitive opinion on the law:
The likelihood that significant constitutional violations to Plaintiffs have occurred and will continue without judicial intervention, and the absence of countervailing evidence currently before the Court, together require the Court to issue a TRO (Temporary Restraining Order).
Trans Montana by Santiago Adolfo Ospital
Montana Pride President Kev Hamm, celebrated the resolution by thanking the authorities of the city of Helena, where the celebrations will take place, for their support. Hamm shared a screenshot praising City Manager Tim Burton and noting that local officials "threw the state under the bus nicely."
The city stands as ally to the LGBTQIA+ community. And it’s glorious. pic.twitter.com/yooEt4poVv
— Kev Hamm (@kevhamm) July 29, 2023
"We look forward to presenting our written response and full argument at the upcoming preliminary injunction hearing to defend the law and protect minors from sexually oriented performances," said Emily Flower, a spokeswoman for the state Department of Justice, in remarks picked up by the AP.
Days away from Pride in Montana
"In case you were wondering, EVERY EVENT IS HAPPENING!" posted the organizers of the Montana Pride LGBT celebrations.
The celebrations will begin with a Drag Brunch at Helena. This first event would have been illegal based on the organizers’ description, as can be read on the Montana Pride website. The celebration for "all ages" will include drag shows:
At 11 AM, get ready to be dazzled by sensational drag performances that will take place on the outdoor stage. Montana's most talented drag performers will showcase their skills, captivating you with their extraordinary costumes, electrifying choreography, and magnetic stage presence. From the moment the show starts, you'll find yourself fully immersed in a spectacle of creativity, talent, and self-expression.
In the same post they warned, however, that the details could be modified because "things might get weird," in reference to the regulation that had not yet been suspended at the time. Following the judge’s decision, changes will not be necessary.
