Imperial Sovereign Court v. Montana
In May 2023, Governor Greg Gianforte signed House Bill 359 (“HB 359”) into law, banning “drag story hours” and a plethora of other speech and conduct, with the intent to silence the LGBTQ+ community. The bill’s sponsors meant to stop drag queens from leading story hours in schools and libraries. But the bill goes much further. And the result is a law that is as stupid as it is sinister.
On July 6, 2023, a group of individuals and organizations from across the state, including the Imperial Sovereign Court of The State of Montana, Billings Public School teacher Rachel Corcoran, trans advocate Adria Jawort, The Myrna Loy, the Montana Book Company in Helena, Imagine Nation Brewing in Missoula, the Great Falls LGBTQ+ Center, Bumblebee Aerial Fitness, and the Western Montana Community Center filed suit with the aim of permanently enjoining this law.
On October 13, 2023, a federal district court preliminarily enjoined HB 359. The state has appealed that ruling to the Ninth Circuit Court of Appeals.
Filings / Press
Complaint (July 6, 2023)
Sanya Mansoor, The Teacher Who Is Suing Montana for Her Right to Wear Costumes, Time (July 12, 2023)
Andrew Albanese, Lawsuit Challenges Montana's Sweeping New Ban on Drag Performances, Publisher's Weekly (July 10, 2023)
Amy Beth Hanson, Transgender woman, bookstore, sue over Montana law banning drag reading events, Associated Press (July 6, 2023)
Darrell Ehrlick, Groups challenge Montana’s ‘drag ban’ in federal court, Daily Montanan (July 7, 2023)
Trudy Ring, Montana Trans Woman, Bookstore, and More Sue Over Anti-Drag Law, The Advocate (July 11, 2023)
Montana being sued over law banning drag queen story, QSaltLake Magazine (July 7, 2023)
Daniel Villareal, Montana residents sue their state to stop its drag ban, LGBTQ Nation (July 7, 2023)
Alex Woodward, Montana LGBT+ advocates sue state over ‘Frankenstein’s monster’ drag ban, The Independent (July 7, 2023)
First Amended Complaint (July 17, 2023)
State's Answer to FAC (Aug. 10, 2023)
Butte-Silver Bow's Answer to FAC (Aug. 8, 2023)
Helena's Answer to FAC (Aug. 10, 2023)
Mara Silvers, Montana Pride derailed by anti-drag bill, lawsuit says, Montana Free Press (July 17, 2023)
Montana judge temporarily lifts ban on drag performances ahead of major Pride event, Politico (July 29, 2023)
Andy Rose and Piper Hudspeth Blackburn, Federal judge temporarily blocks Montana’s ban on ‘drag story hours’ in libraries, CNN (July 28, 2023)
Ellis Juhlin, Judge temporarily blocks Montana's drag performance ban, MTPR (July 28, 2023)
Holly Michels, Judge blocks Montana ban on drag, for now, Helena Independent Record (July 28, 2023)
State Defendants' Response in Opposition to Preliminary Injunction (Aug. 2, 2023)
Reply in Support of Preliminary Injunction (Aug. 15, 2023)
Defendant Gallagher's Response to Motion for Preliminary Injunction (Aug. 4, 2023)
Reply in Support of Preliminary Injunction (Aug. 16, 2023)
Order Granting Preliminary Injunction (Oct. 13, 2023)
Notice of Appeal (Nov. 13, 2023)
Eric Dietrich, Federal judge renews block on Montana drag show ban, Montana Free Press (Oct. 13, 2023)
Nicole Girten, Federal court blocks Montana drag ban, Daily Montanan (Oct. 13, 2023)
Ellis Juhlin, Judge extends block on Montana drag ban law, MTPR (Oct. 16, 2023)
Amy Beth Hanson, Montana judge keeps in place a ban on enforcement of law restricting drag shows, Associated Press (Oct. 16, 2023)
Donald Padgett, Montana's Drag Show Ban Still Blocked in New Court Ruling, The Advocate (Oct. 16, 2023)
Abby Monteil, A Federal Judge in Montana Has Blocked Montana's Drag Ban (Again), Them (Oct. 16, 2023)
Plaintiffs' Motion for Summary Judgment (Nov. 29, 2023)
Brief in Support of Summary Judgment (Nov. 29, 2023)
Statement of Undisputed Facts (Nov. 29, 2023)
Opening Brief Appealing Preliminary Injunction (Jan. 10, 2024)
Appellee's Response (Feb. 9, 2024)
Appellant's Reply (Mar. 2, 2024)