HELENA, Mont. — A group of people, organizations and companies opposing a law that would restrict drag performances and ban drag-reading events in public schools and libraries have asked a federal judge to declare Montana’s law unconstitutional without a trial. is needed.
“Motivated by an irrational and unsubstantiated moral panic, lawmakers targeted drag performers and the LGBTQ+ community,” Upper Seven Law argued in its motion for summary judgment filed late Tuesday. Such motions argue that there is no dispute as to the essential facts of a case.
U.S. District Court Judge Brian Morris last month issued a preliminary injunction blocking enforcement of the law. He says it is aimed at freedom of speech and expression and that the text of the law and its legislative history “show anti-LGBTQ+ animus.”
“There is no evidence before the Court showing that minors suffer any harm as a result of cross-dressing events or other statements and expressions critical of gender norms,” Morris wrote in the order.
The law was passed by Montana’s 2023 Republican-controlled Legislature and signed by Republican Gov. Greg Gianforte as several states passed laws targeting drag performances. Montana was the only state to ban people dressed in drag from reading books to children in public schools and libraries, even if the performance did not contain sexual content.
The plaintiffs argue that the law is an unconstitutional content- and position-based restriction on speech. They also claim that it does not clearly define which actions are illegal, leading people to censor their own speech for fear of breaking the law.
The state of Montana argued last week that the plaintiffs cannot bring legal claims because “the state defendants have taken no action to enforce or enforce the law,” and the plaintiffs have not suffered any damages.
The law took effect when it was signed into law on May 22.
On June 1, the Butte-Silver Bow Public Library canceled a lecture on the history of LGBTQ+ Montanans because the speaker is transgender. Butte-Silver Bow County officials said they were unsure whether giving the speech at the library would violate the law. Plaintiffs also modified or canceled events to avoid violating the law, court records state.
The law was first blocked by a temporary restraining order on July 28, just in time for Montana Pride to celebrate its 30th anniversary in Helena. The city said it was unsure whether it could issue a permit for the event because of the new law.
The state says the law is intended to protect children from “indecent and inappropriate behavior” that is harmful to them. Montana law already protects minors from exposure to obscenities.