Montana Law Restricting 'Sexually Oriented Performances' Takes Effect Amid Controversy
HELENA, MT – A controversial Montana law, HB 359, signed by Governor Greg Gianforte in May 2023, has taken effect, placing restrictions on performances deemed 'sexually oriented,' including certain drag shows, particularly where minors might be present. The law aims, according to its proponents, to shield children from inappropriate content, but faces significant opposition and legal challenges.
Key Provisions of HB 359
HB 359 defines 'sexually oriented performance' broadly. While not an outright ban on drag, it specifically includes performers or acts that could be perceived as appealing to 'prurient interest'. The law restricts these performances in venues accessible to minors and on public property. Businesses hosting prohibited performances attended by minors could face fines and suspension or revocation of licenses, while performers could also face penalties.
Arguments for the Law: Protecting Children
Supporters, including the bill's sponsor Rep. Braxton Mitchell, argue the measure is crucial for protecting children from exposure to sexualized content. "This is about ensuring public spaces remain appropriate for children and protecting their innocence," Mitchell stated during legislative debates. Proponents emphasize the law targets the *nature* of the performance, not the identity of the performers, focusing on maintaining community standards for minors.
Opposition Arguments: Censorship and Discrimination
Critics, including the ACLU of Montana and LGBTQ+ advocates, condemn HB 359 as unconstitutional censorship that violates free speech. They argue the law's vague language, particularly around 'prurient interest,' invites discriminatory enforcement against drag artists and the broader LGBTQ+ community. "This law uses ill-defined terms to effectively shut down constitutionally protected expression and targets specific communities," stated a representative from an opposing rights group.
Legal Battles Underway
As anticipated, HB 359 faces significant legal hurdles. Lawsuits challenging its constitutionality were filed shortly after its enactment, arguing it violates First Amendment rights to free expression and Fourteenth Amendment rights to equal protection. Similar laws passed in states like Tennessee and Florida have also faced immediate court challenges, with some being temporarily or permanently blocked by judges.
Current Status and Outlook
Although HB 359 is officially state law, its enforcement is currently contested. Legal proceedings are ongoing, and the ultimate fate of the law rests with the courts. The situation reflects a wider national debate over parental rights, child protection, freedom of expression, and LGBTQ+ rights, with Montana now a key battleground.