9th Circuit: Montana drag law likely violates free speech

The U.S. Court of Appeals for the Ninth Circuit has upheld a lower court order blocking enforcement of Montana House Bill 359, a law that restricts certain drag performances and “drag story hour” events where minors may be present.

A three-judge panel agreed with Chief U.S. District Judge Brian M. Morris, who issued a preliminary injunction last year stopping the law from taking effect.

A group of businesses, nonprofits and individuals — including the Imperial Sovereign Court of the State of Montana — sued the state, arguing the law violates First Amendment protections.

The state appealed, with Montana Attorney General Austin Knudsen and Superintendent of Public Instruction Elsie Arntzen defending the law.

In its decision, the Ninth Circuit said the plaintiffs are likely to succeed in their argument that the law places unconstitutional limits on protected speech.

The ruling means the law will remain blocked while the case moves forward in federal court in Montana.