A district court judge heard arguments Wednesday in Helena over a lawsuit challenging recently passed legislation banning drag performances. Plaintiffs are requesting a temporary block on the law ahead of Montana Pride scheduled for later this week.
District Court Judge Brian Morris said he will rule quickly on the plaintiff's request to block the law while a full court case moves forward.
House Bill 359 was passed during the 2023 legislative session and bans drag performances and story hours on public property.
Montana Pride is scheduled to run in Helena from July 30 through August 6. Plaintiffs, which include nonprofits, a public school teacher and a transgender author and speaker, along with a local bookstore and brewery said the bill creates uncertainties around events scheduled for pride.
A lawyer for the City of Helena has said the bill’s vague language could create liabilities for public employees working on the event’s permit downtown.
The State’s attorney called law a stop gap for dealing with defining obscenity as it pertains to minors. The state said the law isn’t as far reaching as the plaintiffs argue and it’s focus is on blocking events at public schools and libraries.
