Thank you, Ali, for the link, just sorry it took me so long to post it. Hugs
I am waiting for the screaming comments about kids getting life changing surgeries, about kids / minors having body parts chopped off when they are too young to understand it. So before you get stupid and write that comment, read the entire story. Then think about the fact that kids as young as 13 and 14 years old get charged as adults in the US. Kids / minors as young as 12 get married in many states in the US, a very life changing even they are too young to understand. Kids / minors are being forced to carry pregnancies to term no matter how young (one was only ten), giving birth to children while they are children if they survive the ordeal which is a life-changing event / surgery that they are way too young to begin to understand or consent to. Plus breast surgery is common for young females in the US with girls 16 or younger getting reductions or enlargements as gifts from parents, and a popular surgery for minors is rhinoplasty. Yes kids / minors getting nose trims. The point is that many surgeries happen for kids, especially wealthy and or white kids. Look up the stats before you start screaming about kids being mutilated. Even more important is the saving of lives that transitioning does for trans kids, those studies are real, well documented, and are available for the haters to see anytime they could put their hate aside long enough to read them. Hugs
Top surgery, otherwise known as chest feminization or chest masculinization, is a gender-affirming procedure that changes the looks of a trans person’s chest. For female-to-male top surgery, breast tissue is removed to give a more masculine appearance for transgender males and non-binary people who are assigned female at birth.
This procedure, along with all forms of gender-affirming care, is surrounded by stigma and misinformation, especially when it comes to minors. Many parents fear that a teen could make a severe, irreversible decision regarding their gender presentation, given that adolescence is a time when the whole subject of identity is in flux.
It’s partially fears like this that have resulted in gender-affirming care receiving a wave of backlash in America, even being labeled as a form of child abuse.
However, a mom by the name of Janna, who recently helped her 17-year-old son receive top surgery, sees it as a form of love.
“Why would I ever allow my 17-year-old to have top surgery? Why would I do that? That’s insane. That’s crazy. It’s child abuse,” says Janna in a clip posted to TikTok.
Her reasoning is really quite simple—and something that almost every parent can relate to in one way or another.
“You look at the really, really happy kid who walked out of the doctor’s office today, feeling really great about himself for the first time in I don’t even know how long.”
Janna then put the spotlight on her son Cody and asked what it felt like when he saw his chest for the first time.
Getting instantly teary, Cody replied, “Normal…It finally feels right for the first time.”
Janna’s video is captioned “Cody’s heart is so full right now.”
Janna, who regularly advocates for trans rights, has previously explained in another TikTok that Cody didn’t undergo any surgery until just before his 18th birthday, and that was only after “a lot of meetings” with doctors, therapists and both of his parents since coming out at the age of 15.
And prior to his procedure, Janna encouraged Cody to explore through a “social transition,” rather than a medical one. This basically means experimenting with other forms of gender presentation—changing their name, pronouns, wardrobe, etc.—that feel more fitting to their authentic identity before undergoing any surgeries.
Bottom line: “We are not just sending these kids to surgeons to have body parts removed. That doesn’t happen,” Janna stated.
When parents support their kids throughout their journey, “one of two things is going to happen,” she added. “They’re going to come out as trans when they’re old enough to really make that decision, or they’re going to say, ‘Yeah, I’m not really a boy.'”
“Either way,” she continued, “their relationship with you will not be tarnished because they know that my mom loved me no matter what my decisions were.”
Like every other turbulent and confusing chapter of teenage-hood, the waters are so much easier to navigate (for both the parent and the child) when there is compassion. Sometimes allowing kids to be who they really are is the best gift a parent can provide.
Many thanks to Ali for this cartoon. Again a cartoon expresses a lot of information and corrects an old myth with just four panels. At the web link above you can read the break-down of the cartoon and the thoughts of the artist. As well as see other thought provoking cartoons. Hugs
I am not a religious person. I do not believe in the supernatural nor in any deity. I am a confirmed heathen. I enjoy being a heathen and do not hide it. But by My Dogs That Love Gravy, I do appreciate and respect this man, this person Rev. Ed Trevors! I respect him, I support a lot of what he says as is clear in that I repost his videos. I think I could sit in his congregation and hear a sermon of his with no anger or disgust. I could spend a happy pleasant afternoon in chat with him. I wouldn’t believe in his deity or in their holy book, but I do believe in his message of inclusion. It is one I not only support but want to amplify.
I want to make one thing very clear on this site, my Play Time (that some days doesn’t feel much like playing or fun), I am against hate, bigotry, discrimination, and abuse of others. Notice in that list I did not include religion, faith, personal codes of conduct, worship, or any particular deity / religion. When I joined the military I took an oath to support the constitution of the US and its principles, which I still believe in. One of those rights was for people to worship their own gods in ways that did not harm others and government wouldn’t / couldn’t form a preference for any religion over any other, including simply having none.
Notice in the above paragraph I did not include being able to force others to worship and live as you do. I am against that and the hate churches that preach that. I post a lot against them. Just as I don’t insist everyone have same-sex relations just as I do, I fight against heterosexuals who insist others must have the opposite sex relations they do. I support trans rights, but I don’t insist all cis people must be trans, must dress as the gender they don’t identify with. When you break it down into those terms you see clearly what the bigot haters are trying to do, what they want to force the world into, a mold of them, just like them and only them. And they misuse their religion and deity to do this.
Which leads me back to the Rev Ed Trevors. Here is someone that understand his faith is not justification to harm others. His faith is not a weapon to use to hurt those who are different from him. Instead he uses his faith as a guide on how to live his life and treat others. Just as I do with the Christians who come to my Play Time I respect and admire him. Those people are welcome and deserve our respect, and that goes for any faith that comes here with the same ideas of respect. Hugs
00:00 Introduction 2:22 Sodom (Genesis 19) 7:48 (NEW) Sodom Additional Commentary 10:20 Romans1:26-27 16:00 Leviticus 18:22; 20:13 21:06 (NEW) Fourth theory on Leviticus 23:22 First Timothy 1:9-11 // First Corinthians 6:9-10 28:41 Adam and Eve, not Adam and Steve
During the Fall of 2020, my college course on the “Theologies of Gender and Identity” was forced to go virtual. This video is one of the pre-recorded lectures from that course that I would like to share with a larger audience. Feel free to respectfully comment and question and I will respond in kind.
This lecture explores the traditional “texts of terror” or “clobber passages” that have been used to justify the marginalization of the LGBTQ people — namely Genesis 19 (Sodom); Romans 1:26-27; Leviticus 18:22; 20:13; 1 Timothy 1:9-11 // 1 Corinthians 6:9-10; and Genesis 1-2 (Adam and Eve). For each passage, we’ll apply exegetical tools to determine whether or not this marginalization is justified.
The format of this lecture features a compilation of previous videos from this channel’s Queer Theology series. Most of these videos have been updated and include an additional commentary in between each topic.
Recommended Reading: “Misguided Love: Christians and the Rupture of LGBTQI2+ People” by Charles Fensham; Chapter 4.
Oh clutch my pearls, classical literature is not as pure as today’s fundamentalist Christian nationalist who just don’t want their children to get an education but they demand the right to stop your child or anyone from getting one. This is not about parental control, it is about one minor fundamentalist religious group having complete control over the education of all the children in the entire state. But only for public schools. The schools paid for with tax dollars and that educate the lower incomes. The private schools do not have to follow these stupid bigoted rules. My dogs that love gravy, this has been a Christian Taliban moral police take over. Next girls will only be allowed to attend school until the 8th grade and must wear ankle length dresses, and everyone will be in drab colors. Hugs
School district officials in Hillsborough County, Fla., have implemented a newly designed curriculum guide for English teachers that will see students reading only selections from William Shakespeare plays.
“There’s some raunchiness in Shakespeare. Because that’s what sold tickets during his time,” said Joseph Cool, a reading teacher at Gaither High School.
“I think the rest of the nation — no, the world, is laughing us,” he added. “Taking Shakespeare in its entirety out because the relationship between Romeo and Juliet is somehow exploiting minors is just absurd.”
Schools in Hillsborough County, which includes Tampa Bay and the surrounding area, are mostly assigning excerpts by the English language’s most famous writer. The schools previously required students to read two of Shakespeare’s novels or plays, in their entirety, per year.
The decision comes as educators must prepare students for a new set of state exams that cover a wide variety of subject matter, and also, “in consideration of the law,” according to a school district spokesperson, which means teaching it could open educators up to disciplinary measures if a parent were to file a complaint.
The “law” in question is the new Parental Rights in Education Act, which prohibits teaching any content that is sexual in nature.
Florida high schools are now removing Shakespeare, including the full text of “Romeo and Juliet,” to comply with Republicans’ new law restricting “sexual content.”
“I think the rest of the nation — no, the world, is laughing at us,” a teacher said.
If your kids are go to school in Tampa, thanks to bigly failing @GovRonDeSantis, they will read Shakespeare "while avoiding anything racy or sexual," i.e. "excerpts" from "Romeo & Juliet," "Othello," "A Midsummer Night's Dream," "Macbeth" not full plays https://t.co/jETfpNm6Vy
[Jerusalem] saw this, yet she was more corrupt than [Samaria] in her lusting and in her prostitutions, which were worse than those of her sister. She lusted after the Assyrians, governors and commanders, warriors clothed in full armor, mounted horsemen, all of them handsome young men. And I saw that she was defiled; they both took the same way. But she carried her prostitutions further; she saw male figures carved on the wall, images of the Chaldeans portrayed in vermilion, with belts around their waists, with flowing turbans on their heads, all of them looking like officers—a picture of Babylonians whose native land was Chaldea. When she saw them she lusted after them and sent messengers to them in Chaldea. And the Babylonians came to her into the bed of love, and they defiled her with their lust, and after she defiled herself with them, she turned from them in disgust. When she carried on her prostitutions so openly and flaunted her nakedness, I turned in disgust from her, as I had turned from her sister. Yet she increased her prostitutions, remembering the days of her youth, when she prostituted herself in the land of Egypt and lusted after her paramours there, whose members were like those of donkeys and whose emission was like that of stallions. Thus you longed for the lewdness of your youth, when the Egyptians fondled your bosom and caressed your young breasts. – Ezekiel 23:11-2
It is happening in Sarasota County too: “Teachers offloading books in DeSantis’ Florida, resellers say,” Aug. 4.
I work in a Sarasota County thrift store. This summer, the store has received thousands of books from schools and classroom libraries. They are marked with the names of teachers or schools.
It is clear from the wide variety of titles that teachers work hard to help every student feel validated and included in a diverse classroom.
I literally cried in the store when I saw the titles: Newbery Award and Honor Books, the highest award a children’s book can receive from the American Library Association, no longer available to children in their schools. Most of the books depict characters from minority and vulnerable populations.
Reading novels with characters that face struggles the reader does not experience develops empathy for others. Perhaps our governor could read a few and develop a little empathy himself.
I feel sorry for all the youngsters in Florida who are being deprived of everything except a selective education which intentionally leaves gigantic holes in their curriculum.
Those who go off to college (esp. out of state) are going to find out they’re years behind their classmates.
Only the public schools. The elite private schools are not bound by the state curriculum and will be able to teach real history, literature, art, etc. Rhonda’s children go to private school.
The ones who are exceptionally smart will find a way to get educated. I’m concerned about the others. Not every child is going to be able to do what Tara Westover did.
I am running out of words to describe how fucked up and out of touch with reality the fundamentalist Christian nationalist racist dictatorship of DeathSantis Florida kingdom. They are so scared of not following 1950s gender stereotypes and the social acceptance of LGBTQ+ kids that even nicknames must now get a parent’s approval / permission slip. I can see that teacher phone call “Mrs Bigot your 8 your son Theodore wants to be called Teddy and your 10 year old son Harold wishes to be called Skip, I need to inform you of this in case it is a gender sexual orientation thing and get you to write your formal approval”! WTF It is nutz. What about kids calling each other names? What about the mean names the bigots kids are taught to call the gay or trans kids, do the teachers need to get permission for that? They are not allowed to stop it anymore in the bigoted kingdom of DeathSantis. Hugs
Students who attend school in Florida will now need parental permission to use a nickname or preferred name in school, thanks to a law put in place by the state’s governor, Ronald Dion DeSantis, who famously goes by a nickname — Ron.
The rule will soon hit all Florida districts and follows new legislation that was adopted in July that aims to “strengthen the rights of parents and safeguard their child’s educational record to ensure the use of the child’s legal name in school or a parent-approved nickname,” according to Florida’s Department of Education.
Students who wish to be called anything other than their legal name in school will need their parents to sign off, according to memos sent to parents by Orange County Public Schools and Seminole County Public Schools. Marion County Schools and Volusia County Schools confirmed to FOX 35 that they have plans to issue similar memos.
For example, if your child’s name is Robert but likes to be called “Rob,” the form will need to be filled out to make that happen.
This form also applies to transgender students who wish to be called something other than their legal name, according to the school district. This, however, does not allow teachers and staff to use a student’s preferred pronouns, and does not allow a teacher or staff member to ask a student’s preferred pronoun, which was barred under House Bill 1069.
For example, if your child's name is Robert but likes to be called Rob, the form will need to be filled out so teachers and staff can call your child Rob. https://t.co/fwwxtt0287
some people are shocked when I tell them the unabridged complete works of Shakespeare was in the bookcase of the bedroom I shared with my brother when I was 8 years old and he was 4. The set was given to this pastor’s family by another pastor.
What the fuck. I’ve gone by my middle name — without needing anyone’s permission — for decades. The only people who call me by my first name are 1) my mom, and 2) telemarketers.
Just finished reading for the second time “Downfall” byTraudl Junge Hitlers personal secretary. For Florida aand indeed America in many many ways an exacting template If we do NOT learn from history we are destined to repeat in It.’s been not quite 100 years
I had one high school teacher, Sister Mary Robertine, who insisted on calling all students by their “real” name. Classmate Frank gave it to her when she called him “Francis” (Frank was his legal name).
Compare the actions of the pride attendees and the Nazi thugs. The pride people were having fun, smiling, laughing, dancing, singing. The Nazis were screaming threats while brandishing weapons, scaring the kids and others attending the event. Which one was presenting what was good for children to see, angry face covered armed shouting men or dancing happy singing pride people? Also these thugs claimed that masks kept them from breathing when it was necessary due to a public health threat now wear them to hide their identity so they don’t get fired for what they are doing. Notice in one of the tweets, one of the men loaded a round in the chamber to threaten reporters on a public street. These are the thugs that DeathSantis hires as staff and refuses to denounce. These are the people that trump claimed were very good people on both sides. Hugs.
An armed Neo-Nazi group protested a Pride in the Park event in Watertown, Wisconsin, on Saturday afternoon that featured a drag story time and drag shows.
Video journalist Oliya Scootercaster took to Twitter on Saturday to document the protest and wrote, “BLOOD TRIBE group marching in Watertown Wisconsin protesting Pride in the park.” In her videos, one Neo-Nazi group member can be seen carrying a weapon.
According to the Anti-Defamation League (ADL), Blood Tribe is described as “a neo-Nazi group with semi-autonomous chapters in the United States and Canada. Blood Tribe promotes hardline white supremacist views and openly directs its vitriol at Jews, ‘non-whites’ and the LGBTQ+ community.”
We’re out here with @GAG_Wisconsin at the Watertown, WI “Pride in the Park” event. Lots of protesters showed up! The all ages drag show is about to start. We will not waver. We will let them know loud and clear that NONE OF THIS is for children!#GaysAgainstGroomerspic.twitter.com/pADfBMmMr7
— Gays Against Groomers (@againstgrmrs) July 29, 2023
Gays Against Groomers organized a protest of a "Pride in the Park" event in Watertown, Wisconsin. Armed neo nazis with AR-15's showed up. pic.twitter.com/Zte7HOpEca
VIDEO THREAD: Today, avowed Neo-Nazi group "Blood Tribe" rallied with rifles and swastika flags outside an LGBT "Pride in the Park" event in Watertown, Wisconsin.
"Us or the pedophiles!" they chanted at the crowd, which included children. "There will be blood, blood blood!"… pic.twitter.com/DBtntCGerG
2. One participant in the pride event confronted the Nazis, explaining that "It just makes me so happy that I get to wake up every day and just love who I want without fear of judgement or fucking Nazis apparently."
3. "Us or the pedophiles!" the Blood Tribe chanted as they marched around the Pride in the Park event.
A woman confronted them, and a rifle-wielding Nazi told her "I would say, young lady, that you would look a lot lovelier if you were wearing a proper dress." pic.twitter.com/jzJ8NJ9T42
Myself and 2 other press @ScooterCasterNY and @KristanTHarris followed the Neo-Nazi Blood Tribe group as they marched to their exit point somewhere else in Watertown.
"You better go away, I'm telling you man," one said.
6. As Blood Tribe tried to leave, they paused, apparently irritated at press behind them. One approached with an AK rifle that he chambered a round in moments earlier and asked if we were "trying to dox us."
"If you keep following me man -" he said before smacking his rifle.
Fortunately, Harrisburg’s Pride had no visible Nazis on Saturday. Just the usual Truly Religious…not there to heckle or incite, of course, just concerned about our souls. They’re just so fucking thoughty, bless their hearts.
P.S. Sometimes I listen to those right wing talkers on the radio (talk about a soul killing experience). The outrageous and inflammatory venom directed at Transfolks (and those who support them) is going to egg on someone to do violence and they know it.
They know it, they make money off it. And they will make money off of the result of their stochastic terrorism as will their MSM peers. They will make even more money as they squeal about how unfairly they are being portrayed and they cycle continues. Stay safe, my dear.
A New Jersey theater manager called the police on a mom who took her non-verbal autistic son to the bathroom, accusing him of being trans, saying “this is not a transgender bathroom.” Her son isn’t trans, rather, he needs her assistance to use the bathroom. This is one of many stories that demonstrate how anti-LGBTQ hate is so widespread it’s harming non-LGBTQ people too.
Thanks to Ali for the link to this article. As the article mentions, the trans scare is simply because some people are not manly enough or feminine enough to fit in with other random people’s ideas of what men or women should look like. As I have posted that leads to cis women being accused of being trans and assaulted trying to use the bathroom. Hugs.
The Barbie movie was fun, but the right-wing reaction to it shows that we’re living in a scary time for anyone who doesn’t fit neatly into a box.
I finally saw the Barbie movie over the weekend. I liked it! Ryan Gosling and Margot Robbie are both fantastic, and it was good fun all around.
But today, I want to talk about something tangentially related to the movie (I promise that this will be my last post about Barbie or Oppenheimer… probably, at least). So, if you’ve seen the movie, you’ll probably recognize this actress as Doctor Barbie.
Hari Nef attends the World Premiere of “Barbie” at Shrine Auditorium and Expo Hall on July 09, 2023 in Los Angeles, California. (Photo by Rodin Eckenroth/WireImage)
That’s Hari Nef. She’s transgender. This doesn’t come up at all in the movie. Still, Fox News went so far as to claim that Barbie was pushing a “trans agenda” by… uh… allowing a trans woman to have a job. “They gave Barbie the Bud Light treatment,” said a Fox guest, who was both upset that a trans woman was in the movie and upset that the movie’s marketing didn’t involve mentions that Nef is trans (though, I’m sure if the movie had included that in the marketing, she’d have complained about this being shoved “in her face;” the truth is that these ghouls just don’t want trans people to exist in society at all).
And this was kind of an ongoing thing on the right… though it created a few funny situations. For instance:
“Last I checked the Barbie movie is promoting biological women,” wrote Dom Lucre (a.k.a. Dominick McGee) on Twitter X. “I can’t disagree with little girls being influenced to remain a girl.” Attached to the tweet post was a photo of six of the film’s Barbies, including Nef (2nd from the right, wearing the sailor hat).
Here’s a clearer picture:
People were quick to note that a.) you have to be truly deranged to see a movie and immediately try to shoehorn it into your obsession with trans people1, and b.) that there is literally a trans woman in this very photo. Har har, he he, etc. Very funny stuff.
But I wasn’t interested in his post so much as I was interested in the specific genre of unhinged responses from his supporters.
Lots of his followers correctly deduced that there was a trans woman in the movie. What they didn’t do was accurately identify which character was being played by a trans woman. Let’s look at some examples (click the images to expand them).
As you can see, you’ve got a mix of people convinced that the actress playing the character on the left in the green dress, Ana Cruz Kayne, is trans. Others are convinced that Margot Robbie, herself, is transgender. And then, just for good measure, there were people insisting that not only is Robbie secretly a trans woman, but that Ryan Gosling, who has been on TV since he was 13 years old, is secretly a trans man.
None of those people are trans. It wouldn’t be a big deal if they were, but they’re not. This is awkward, yet instructive.
Are you familiar with “transvestigators?”
If not, buckle up, because it’s going to be a ride.
You may see the certainty of the people in the above screenshots calling Margot Robbie and Ryan Gosling secretly trans and think, “Oh wow, what strange one-off claims!” And it’d be nice if that were true. Unfortunately, there’s a whole bunch of people on the internet who are absolutely convinced that pretty much every person in Hollywood is trans.
Here’s a video by Jamie Raines, a trans man, about the “transvestigator” conspiracy theory:
And here’s a longer video, by trans woman Mia Mulder, that contains even more examples and gets at the core beliefs of the conspiracy theorists:
And as Mia and Jamie both highlight in their videos, the targets of these sorts of “transvestigations” are often some of the world’s most attractive people. Like, oh, Brad Pitt was born female? And Angelina Jolie is male? Gisele Bündchen and Tom Brady, both trans? Sure! Why not?
Here’s the kind of stuff “transvestigators” will post online as evidence of someone’s transness. It’s pretty bizarre stuff. In an effort to out secret trans people, they begin seeing trans people everywhere they look. When all you have is a hammer…
A collection of “transvestigation” screenshots from Mia’s YouTube video (above)
But setting aside how weird and creepy it is for people to be staring at photos of complete strangers like, “Oh yeah, as you can see from the shoulder-to-hip ratio, that person is clearly…,” you may be wondering why this matters. After all, the “transvestigator” conspiracy theorists are a very small group of people. They’re not representative of your typical person who is opposed to trans rights, and they’re certainly not representative of society. That’s true. Still, this all ties together.
“We can always tell” … except for when they can’t.
The seemingly common belief that one can “always tell” who is and isn’t transgender is not only flawed but dangerous when combined with rising anti-trans sentiment and policies. And it’s not just harmful to trans individuals, but to anyone who doesn’t look “man-enough” or “woman-enough” to be a “real” man or woman — something that is itself a moving target that’s changed throughout history.
Transphobia affects anyone who doesn’t look enough like complete strangers’ ideas of what a man or woman should look like, and that’s why we all should care about just how intense the anti-trans sentiment is getting right now in society.
Transphobia is a belief that is being used to police bodies, scrutinize appearances, and justify discrimination and violence — all in the name of “safety” or faux concern for “the children.” This is all by design, since the current anti-trans movement has never actually been just about trans people. It’s all part of a larger effort to roll back rights for the broader LGBTQ community, women, people of color, the disabled community, and more.
Just look at this June 2015 “Issue Analysis” for “Understanding and Responding to the Transgender Movement,” put out by the anti-LGBTQ Family Research Council. Right from the start, it calls feminism, the gay rights movement, and the trans rights movement part of the same “assault on the sexes.”
These laws are being blocked by the courts because it clearly is an attempt to stop people from dressing in a way that fundamentalist conservatives don’t like. It is a way to attack trans people without saying trans. Drag is their word for men dressing as women, or women wearing the fabric of men. Notice they outlaw reading to kids or being in public wearing flamboyant clothing. Quote below. Glamorous or exaggerated costumes. So what are they protecting kids from, color? Are we all to wear drab Amish type clothing? There goes any dress up and make beleive. It is basically the Christian Taliban enforcing the dress code conservatives hope to push back to the stereotypes of the 1950s. What it comes down to is making laws to outlaw things that displease the most uptight right wing religious aunt in a family. Hugs
The law also made Montana the first state to specifically ban drag kings and drag queens — which it defined as performers who adopt a flamboyant or parodic male or female persona with glamorous or exaggerated costumes and makeup — from reading books to children in public schools or libraries, even though the performances do not have a sexual element.
The ruling will allow Montana Pride to advertise and hold some of its events in public places.
Scenes from a drag show at the Montana Capitol held in protest against a slate of bills aimed at how trans Montanans live, April 13, 2023, in Helena, Mont. | Thom Bridge/Independent Record/AP Photo
By ASSOCIATED PRESS
07/29/2023 01:08 PM EDT
HELENA, Mont. — A federal judge in Montana temporarily blocked a new law that restricts drag performances just days before thousands of people are expected to attend Montana Pride’s 30th anniversary celebration in Helena.
The way the law is written “will disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms,” including transgender people, U.S. District Court Judge Brian Morris said Friday.
The law seeks to ban minors from attending what it calls “sexually oriented” performances, and bans such performances in public places where minors might be present. However, it does not adequately define many of the terms used in the law, causing people to self-censor out of fear of prosecution, plaintiff’s attorney Constance Van Kley with Upper Seven Law argued Wednesday.
“Plaintiffs, along with the approximately 15,000 Montanans who wish to attend the (Montana Pride) events, cannot avoid chilled speech or exposure to potential civil or criminal liability,” without the temporary restraining order, Morris wrote.
The ruling will allow Montana Pride to advertise and hold some of its events in public places, said Kevin Hamm, president of Montana Pride. The annual LGBTQ+ celebration — which includes a parade, street dance and drag brunch — begins on Sunday and runs through Aug. 6.
“The language used in the (temporary restraining order) is both impressive and should serve as a warning to discriminatory actions by legislators in the future,” Hamm said.
A lawsuit filed on July 6 challenges its constitutionality, and seeks a preliminary injunction to block it. The complaint was later amended to add the city of Helena as a defendant and Montana Pride as a plaintiff in order to request the more urgent move for a temporary restraining order. Montana Pride worked with the city to get permits to hold its public events.
The city of Helena supported the restraining order, saying the law put the city in the position of infringing on Montana Pride’s constitutional rights of free expression by denying the permit, or subjecting city employees to civil and criminal liability included in the law if it granted the permit. The lawsuit allows a minor who attends a drag performance that violates the law to file a civil lawsuit against organizers or participants at any time over the following 10 years.
The complaint — whose initial plaintiffs include a transgender woman, two small theaters and a bookstore that holds drag queen reading events — calls the Montana law “a breathtakingly ambiguous and overbroad bill, motivated by anti-LGBTQ+ animus.”
Judge Morris found that the law did not adequately define actions that might be illegal and appears likely to “encourage arbitrary and discriminatory enforcement.”
Montana’s law is flawed — like similar laws in Florida and Tennessee that have been blocked by courts — because it regulates speech based on its content and viewpoint, without taking into account its potential literary, artistic, political or scientific value, Morris found.
“Drag is definitionally political and artistic speech,” said Diana Bourgeois, president of the Imperial Sovereign Court of the State of Montana, an organization that puts on drag reading events and one of the plaintiffs. “The court’s order today protects our right to be commentators and artists and to create a safe, joyful and welcoming environment through our expression.”
Like many Republican-led states, Montana’s conservative lawmakers have passed other laws targeting transgender people. The state is among those to ban gender-affirming care for minors — which is also being challenged in court. It also passed a bill to define sex as only “male” or “female” in state law.
The law also made Montana the first state to specifically ban drag kings and drag queens — which it defined as performers who adopt a flamboyant or parodic male or female persona with glamorous or exaggerated costumes and makeup — from reading books to children in public schools or libraries, even though the performances do not have a sexual element.
The judge said the law does not define “flamboyant,” “parodic” or “glamorous,” among other terms.
Morris has scheduled an Aug. 26 hearing on the lawsuit’s request for a preliminary injunction, which could continue to block the law while the case moves through the courts.
“We look forward to presenting our written response and full argument at the upcoming preliminary injunction hearing to defend the law and protect minors from sexually oriented performances,” Emily Flower, a spokesperson for the Department of Justice, said in a statement.
The bill’s sponsor, Republican Rep. Braxton Mitchell, has said that to him and his constituents, “keeping hyper sexualized events out of taxpayer funded schools and libraries” does not violate the First Amendment.
