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Montana Judge Upholds Block On Drag Ban

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A federal court judge has extended a block on a law banning public drag performances in Montana. Judge Brian Morris issued a preliminary injunction saying the bill violates freedom of speech and expression under the First Amendment. The law passed in the 2023 legislative session, banned drag performances in any public place where minors could be present. Lawmakers in support of the bill said it will protect minors from what they call obscenity. In his ruling, Morris said he found no evidence indicating minors faced any harm from drag-related events. Earlier this year, several Helena-based businesses, nonprofits, and individuals brought a lawsuit challenging the bill ahead of Montana Pride. The plaintiffs said the bill’s language created uncertainties around events scheduled for the celebration. Morris then issued a temporary block on the ban before the event, ruling it had a "chilling effect on free speech." His latest decision sets a more permanent block in place. The block will remain in place while litigation continues. Montana’s law was the first in the country to specifically ban drag performers from reading to kids. A transgender woman, two bookstore owners, and an educator sued the state in July to overturn the law. Similar laws in Tennessee and Florida have also been blocked.

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