Montana Becomes First State to Ban Drag Storytime

HELENA, Mont. (AP) — Montana has become the first state to specifically ban people dressed as women from reading to children in schools and public libraries, as part of a series of laws aimed at protecting the rights of the LGBTQ+ community. in Montana and other states.

Bills in Florida and Tennessee also appear to attempt to ban drag read-through events, but both require performances to be sexual in nature, which could be subject to interpretation. Both bills also face legal challenges.

Montana law is unique because, while it defines such an event as one hosted by a drag king or drag queen reading children’s books to minor children, it does not require that a sexual element be prohibited.

That makes the Montana law the first to specifically ban drag read-in events, said Sasha Buchert, an attorney with Lambda Legal, a national organization that seeks to protect the civil rights of the LGBTQ+ community and people diagnosed with HIV and AIDS. .

“It’s constitutionally suspect on every level,” Buchert said Tuesday, arguing that the bill limits free speech and seeks to chill an effort that helps transgender youth know they’re not alone.

The bill, which was cosponsored by more than half of the Republican-controlled legislature, took effect immediately after Republican Gov. Greg Gianforte signed it into law Monday.

Gianforte signed the bill because he “believes it is grossly inappropriate for young children, especially preschoolers and children in elementary school, to be exposed to sexualized content,” spokeswoman Kaitlin Price said in a statement.

The bill initially sought to prohibit minors from attending drag performances, which were defined as performances that tended to “excite lustful thoughts.” The legislation was later changed to prohibit minors from attending obscene or sexually oriented performances on public property.

The bill’s sponsor, Republican Rep. Braxton Mitchell, said he sponsored the bill “because drag shows in recent years have been specifically aimed at children,” and discussed online videos showing children in drag shows.

“In my humble opinion, there is no such thing as a drag show for the whole family,” Mitchell said in April.

Drag performers who opposed the legislation said they have separate performances for children compared to those for adults.

It is unclear how often such drag reading events have taken place in public schools or libraries in Montana. Drag reading events were held in 2022 at ZooMontana in Billings and at a bookstore in downtown Helena. Both events sparked protests, but neither would be banned under the new law. Another event held at a Bozeman bookstore last weekend also drew protesters.

A Montana drag performer with The Mister Sisters in Great Falls, stage name Julie Yard, helps organize drag read-in events and says she’s never been asked to coordinate one at any school, public or otherwise. Between 6 and 10 events are scheduled across the state in the coming months.

“Typically, requests for drag story hours happen a lot during the summer,” Yard said. “Usually they tend to coincide with Pride celebrations.”

Planning for these types of events in the current political climate also means developing a security plan and working with local police in case protesters show up.

The drag read-throughs will continue despite the protests, which Yard says helps show they’re necessary.

“For us, again it’s just about stepping up and making sure that we’re sending a message to everyone, but especially to children who are vulnerable, that there is a place for them, there is a community for them, and that there are people out there who care. in making sure they are accepted and feel safe.”

tennessee bill to restrict drag performances in public spaces or in the presence of children was temporarily blocked in March by a federal judge who sided with a group that filed a lawsuit alleging that the statute violates their First Amendment rights. U.S. District Judge Thomas Parker said the state did not make a convincing case for why Tennessee needed the law, agreeing that it was likely vague and too broad.

A drag show restaurant has submitted a challenge against the Florida ban, saying the law deprives the restaurant of its First Amendment rights to free speech. The restaurant had held “family” drag shows on Sundays, but they were required by law to ban children from the shows. Gov. Ron DeSantis also signed bills this week to ban gender-affirming health care for minors and restrict discussion of personal pronouns in school.

Gianforte signed a bill this year to ban gender-affirming care for transgender minors in Montana during a legislative session in which transgender lawmaker Democratic Rep. Zooey Zephyr was kicked off the floor of the house following a protest against Republican lawmakers who had silenced her over her opposition to the care bill.

Last week, he signed a bill to define the word “sex” in state law mean male or female only. Kansas and Tennessee have similar laws taking effect July 1 that LGBTQ+ allies say will deny non-binary and transgender people legal recognition and prevent them from changing the sex on their birth certificates and driver’s licenses. The Montana law would go into effect on October 1.