Montana pioneers in banning drag performances for minors

Montana is the first state to impose a ban on drag performers reading to children in public schools and libraries, making waves amidst a raft of legislation protecting minors.

States like Florida and Tennessee have also introduced bills aiming to restrict drag reading events, though their versions necessitate the performances have a sexual nature.

Montana's legislation breaks new ground, by defining such an event as a drag queen reading children's books to underage audiences without necessitating any sexual element for prohibition. This makes Montana's law the first explicit ban on drag reading events, according to Sasha Buchert, an attorney with Lambda Legal, a national entity advocating for the civil rights of the LGBTQ+ community and people diagnosed with HIV and AIDS, NBC News reported.

Buchert criticized the legislation as "constitutionally suspect on all levels" on Tuesday, arguing it suppresses free speech and undermines initiatives that help transgender youth feel less isolated.

With more than half of the Republican-controlled legislature endorsing it, the bill sprang into immediate effect after Republican Governor Greg Gianforte gave his signature on Monday.

Gianforte's spokesperson, Kaitlin Price, affirmed the governor endorsed the bill because he deems it "wildly inappropriate" for young children, particularly preschool and elementary pupils, to encounter sexualized content.

Initially, the legislation aimed to forbid minors from attending drag shows, defined as performances likely to "excite lustful thoughts." Later revisions expanded the prohibition to include sexually explicit or obscene performances on public property attended by minors.

Republican Representative Braxton Mitchell, the bill's sponsor, stated his advocacy arose due to recent drag shows targeting children and cited online videos showcasing children at these performances.

Opposing drag performers argue they differentiate between shows intended for children and those for adult audiences.

The frequency of drag reading events in Montana's public schools or libraries remains uncertain. Some events took place in 2022 at ZooMontana in Billings and a bookstore in downtown Helena, attracting protests. However, neither would be barred under the new law. A similar event held at a Bozeman bookstore last weekend also sparked protest.

In Tennessee, a bill restricting drag performances in public spaces or near children was temporarily blocked in March by a federal judge. The judge ruled in favor of a group claiming the statute infringed on their First Amendment rights, and found the state failed to provide a compelling reason for the law.

In Florida, a drag show restaurant is challenging the ban on the grounds of violating their First Amendment rights to free expression. The law forced the restaurant to exclude children from their "family-friendly" drag shows on Sundays.

Governor Gianforte also enacted a bill this year to prohibit gender-affirming care for transgender minors in Montana, a measure protested by Democratic Representative Zooey Zephyr, a transgender lawmaker.

Gianforte further approved a bill defining "sex" in state law as solely male or female. Similar laws in Kansas and Tennessee, criticized by LGBTQ allies for potentially denying legal recognition to nonbinary and transgender individuals, will come into effect on July 1. Montana's law is set for October 1.