Montana lawmakers send Drag Story Hour ban to governor

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Montana lawmakers sent a bill to Gov. Greg Gianforte this week that would ban events where drag performers read to children at public schools, libraries or other publicly funded venues.

He extentEntitled “A Bill Prohibiting Minors From Attending Sexually Oriented Performances,” it passed the House Tuesday morning 63-33 and the Senate Tuesday afternoon 29-21.

Gianforte, a Republican, has not indicated whether he will sign the bill, but last week he signed a different measure banning certain transition-related health care for minors, including puberty blockers, hormone therapy and surgery.

He drag bill specifically prohibits Drag Story Hour events, a popular national storytelling program where drag performers read to children, at schools and libraries that receive federal funding.

It also prohibits minors from attending «sexually oriented or obscene performances on public property» and prohibits such performances «on public property where children are present.»

The measure defines Drag Story Hour as «an event hosted by a drag queen or drag king who reads children’s books and engages in other learning activities with minor children present.» It also defines a drag king and drag queen as a male or female performer who adopts a «flamboyant or parodic» male or female persona with glamorous or exaggerated costumes and makeup.

The bill’s sponsor, Republican Rep. Braxton Mitchell, said in an email that the bill aims to «ensure that hypersexualized events are kept out of our taxpayer-funded schools and libraries.»

“Kids be kids,” he said. “I have asked myself this question from the beginning, why do these people want to dress half naked and read books to children? I never got a single answer.»

Drag Story Hour events are not for adults. Mitchell did not respond to an additional request for examples of events in Montana where Drag Story Hour performers have dressed «half naked» to read to children.

Critics have said that the bill’s definitions of drag queen and drag king are so broad that they could affect other types of performances.

“The theater in schools and public libraries would be at risk with this bill the way it reads,” Democratic Sen. Shannon O’Brien said Tuesday on the Senate floor. «‘Mrs. Doubtfire’ would not be allowed to be displayed in public libraries.»

Mitchell challenged that criticism in his email.

“He is not going to ban theater in schools or libraries,” he said. “Democrats have no argument why a drag queen should be reading half-naked books to children, so they make excuses to oppose the bill.”

School and library staff convicted of violating the measure will be fined $5,000 and could be suspended or have their credentials suspended for one year. Staff who violate the measure for the second time will permanently lose their credentials.

A minor who attends a performance that violates the law can also sue the performer for damages up to 10 years after the incident.

The bill went through several changes and faced criticism from both sides before its final version was approved on Tuesday.

Last month, the Senate adopted an amendment that would have gutted the essence of the bill by removing all references to drag performances and focusing only on banning adult performances in state-funded libraries or schools, on public property, or in a venue owned by a state-funded entity .

Sen. Chris Friedel, the Republican who introduced the amendment, told the Senate floor last month that his version of the bill would better withstand legal challenges, according to a local newspaper. the Flathead Beacon reported.

“I can tell you right now, if that bill goes as [it currently is written], even the most conservative judge will strike it down as unconstitutional,” Friedel said then. “The reason I introduced this amendment today is to make sure this gets down the aisle. We take this to the governor, he signs it; goes to trial and can be defended by the Prosecutor’s Office.”

On Monday, a conference committee voted to amend the bill back to the final version approved by the House and Senate.

Gianforte signed the ban on gender-affirming care for minors even after his son, David, who identifies as non-binary, pressured him in March not to sign any of the state’s bills targeting LGBTQ people. Montana Free Press reported.

If Gianforte signs the drag bill, Montana will become the second state to pass a law restricting drag performances in front of minors. Republican lawmakers in more than a dozen other states have introduced similar bills in recent months.

Tennessee Governor Bill Lee became the first to sign such a bill in March, although a federal judge temporarily blocked its entry into force. The law prohibits “adult cabaret entertainment” on public property or in places where minors may view it. It defines «adult cabaret entertainment» to include «topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar performers.»

Arkansas passed a similar bill earlier this year, but the the final version hit drag performances from your list of adult-oriented businesses.

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