HELENA — On Friday, the public weighed in on House Bill 675, which would allow people to sue drag performances for alleged harm caused to youth from the performance. Supporters say it is needed to protect children, while opponents say it limits free speech and demonizes the drag community.
The bill states: "A minor who attends a performance in violation of 20-7-135 or a minor or adult who attends a performance of a drag queen or drag king may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance."
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In 2023, Montana politicians passed legislation banning drag story events in public schools and libraries. However, that law is currently on hold pending a court case alleging that it violates the First Amendment rights of performers.
Rep. Caleb Hinkle, R-Belgrade, called HB 675 a “legal fix” for last session’s bill at Friday's House Judiciary Committee meeting.
“The main purpose of this bill is striking out the state enforcement of minors attending these hyper-sexualized shows and instead adding in section one a private right of action to allow the public to file lawsuits when a child is subjected to obscene content in public,” said Hinkle.
Supporters of HB 675 asserted that all drag performances are sexual by nature, which opponents vehemently deny.
Drag performer Valan Anthos testified that the content of a drag performance varies like that of any other artistic medium, such as film or dance. Some are meant for adults, and others are age-appropriate for children.
Anthos also noted the increase in threats to drag performances since the 2023 legislation was passed.
“During the time when last session’s bill was passed people sent us death threats and nearly every show due to the discourse of that bill that drag is sexual and drag performers are a danger to children. Even our adult-only shows, which is most of the shows that we’ve done were threatened to be shot up,” Anthos testified.
Montana was the first state to ban drag story hours in public schools and libraries.
