Montana Pride derailed by anti-drag bill, lawsuit says
LGBTQ+ advocates, nonprofits and businesses are suing the city of Helena for allegedly withholding permits for upcoming Pride events in light of the 2023 state law banning drag performances and story hours in public places.
The new accusations from the Helena-based Montana Pride organizers are part of a lawsuit originally filed in early July in federal court. The plaintiffs in that case, including a transgender author, a public school teacher, local arts organizations, nonprofits, a brewery and a bookstore, argue that the Republican-sponsored House Bill 359 is an unconstitutional violation of free speech rights.
In a motion filed Monday with an amended complaint, attorneys for the plaintiffs asked Montana District Court Judge Brian Morris to grant a temporary restraining order and block the city and state from enforcing the law for the time being.
“[O]n the thirtieth anniversary of Pride events in Montana, Montana Pride is on hold — and will remain on hold absent judicial relief,” attorneys wrote in their latest brief. The plaintiffs are represented by the Helena nonprofit firm Upper Seven Law.
[…]
The final version of HB 359, signed into law by Gov. Greg Gianforte in May, does not seek to define “drag show.” The legislation, however, defines drag kings and drag queens as “a male or female performer who adopts a flamboyant or parodic” male or female persona “with glamorous or exaggerated costumes and makeup.” It also broadly defines “sexually oriented performances” in a way that could apply to drag performances and bans those events from public libraries, schools and any public place where a minor is present.
Republican lawmakers and social conservatives have recently advanced similar legislation targeting drag shows and story hours around the country. Supporters of the Montana law, including bill sponsor Rep. Braxton Mitchell, R-Columbia Falls, have cast drag performances as inherently sexual, rather than artistic expressions of gender, and maintain they are inappropriate for minors.
HB 359 has proved difficult for some public officials to interpret and enact. Butte officials in June decided to cancel a public library event with writer Adria Jawort, a transgender woman and Northern Cheyenne tribal member, over fears that her discussion about the history of two spirit people would conflict with HB 359. Jawort, who was not appearing as a drag performer, protested the decision as “spineless” and later gave her presentation at a different venue.