Montana seeks to narrow drag performance law after court block
Montana seeks to revise law banning drag story hours after courts found it unconstitutional.
Rafael Ahmaad Nathaniel Purnsley, aka Stormie Daie, reading at the Rofhiwa Book Cafe in Durham, North Carlolina (Drag Story Hour Instagram via Courthouse News) (Photo via Courthouse News)
The State of Montana appeared in federal court on Thursday to argue for a narrowed version of House Bill 359, a 2023 law that restricts sexually oriented performances and bans drag story hours in state-funded schools and libraries.
The state's legal team, led by Michael Noonan of the Montana Department of Justice, acknowledged that the state does not intend to defend every provision of the original text. Noonan described the effort as an opening move in a case aimed at severing unconstitutional parts of the legislation to allow for its enforcement.
The law, signed by Governor Greg Gianforte, originally included penalties such as fines between $1,000 and $10,000, the potential loss of business licenses, and the revocation of teaching or library certifications. These measures have been under legal challenge by a coalition of businesses, nonprofits, and performers represented by the firm Upper Seven Law.
U.S. District Judge Brian M. Morris initially granted a preliminary injunction against the law in late 2023. This block was affirmed in March 2026 by a unanimous three-judge panel of the Ninth Circuit, which ruled that the restrictions on drag story hours constituted content-based limits on expressive activity protected by the First Amendment.
The court is currently considering the state's request to narrow the scope of the law and remove specific provisions in an attempt to bring the legislation into compliance with constitutional standards.