(CN) — A federal judge, on Friday, extended his temporary injunction against a new law passed by the state of Montana which would have banned "Drag Story Hour," in which drag performers read books to children, at public schools and libraries.
HB 359, signed by Governor Greg Gianforte in May, also would have banned minors from attending “sexually oriented shows.” Owners, mangers and employees of those shows would have faced fines from $1,000 to $10,000, and, for a third offense, would have lost their business licenses. Teachers and librarians could have their teaching or administrative certificates permanently revoked for a second violation. It also allowed the parent of a minor who'd attended a "sexually oriented performance" to sue anyone who "knowingly promotes, conducts, or participates as a performer" in that show, for up to 10 years afterward.
The bill's author, Braxton Mitchell, had argued, "drag shows are damaging to a child’s psychology and general welfare,” and had asserted, "there’s clearly a sick agenda being pushed here.”
But U.S. District Judge Brian Morris pushed back on those claims, in his ruling, in fairly strong language. He wrote that the state defendants had presented no evidence "to indicate that limiting children’s exposure to speech and expression critical of gender norms or by gender non-conforming people bears any relationship to promoting children’s welfare."
"The Montana legislature’s justification for H.B. 359 relies on a conflation of sexual abuse with exposure to sexual orientation, gender identity, and gender expression," Morris wrote. "In fact, the research indicates that sexual orientation, gender identity, and gender expression do not equate to determine a person’s sexual activity. LGBTQ+ people are no more likely than heterosexual people to sexually abuse children."
Morris added: "The conflation of gender and sexual minority identities with child sexual abuse or 'hyper-sexualization' contributes to the marginalization of LGBTQ+ people."
The ruling concluded with a quote from a 1927 U.S. Supreme Court ruling, authored by Louis Brandeis: "Fear ... cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free [people] from the bondage of irrational fears.”
The preliminary injunction extends a temporary injunction issued by Morris in July. The case can still proceed to a trial, although there is little doubt as to Morris' feelings on the matter.
The temporary injunction was filed with a sense of urgency — Montana Pride in Helena was approaching. The city was reluctant to issue permits for the annual event, because officials thought doing so would “subject city employees to criminal and civil liability" under the newly passed HB 359. In that ruling, Morris agreed with the plaintiffs that the law was vague and over broad, failing to define terms like "sexual manner," "salacious dancing," and "lewd."
The ruling allowed Montana Pride to go forward, for the 30th year in a row. Thousands attended.
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