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Montana judge keeps in place a ban on enforcement of law restricting drag shows, drag reading events_我的网站

A |     HELENA, Mont. -- A federal judge in Montana is continuing to block enforcement of a law that puts restrictions on drag shows and bans drag reading events in public schools and libraries, saying Friday that the law targets free speech and expression and that the text of the law and its legislative history "evince anti-LGBTQ+ animus.”The preliminary injunction, granted by U.S. District Court Judge Brian Morris, prevents enforcement of the law while a lawsuit filed on July 6 moves through the court process. Morris heard arguments over the injunction on Aug. 28.In briefs, the state argued “the Legislature determined sexually oriented performances and drag reading events to be indecent and inappropriate for minors,” and potentially harmful. Protecting minors from divergent gender expression is not the same as protecting minors from obscene speech, attorney Constance Van Kley argued for the plaintiffs during the Aug. 28 hearing.Montana law already protects minors from exposure to obscenities, the plaintiffs argued.“The state hasn't argued meaningfully that the speech targeted by (the new law) — beyond the obscenity already regulated — is potentially harmful to children," the plaintiffs argued in court filings.The state is not trying to establish a new obscenity standard in regulating drag performances, Assistant Attorney General Michael Russell said during arguments over the injunction. “We're arguing that they're indecent and improper for minors only,” and that the state has an interest to protect minors from that kind of conduct, he said.“No evidence before the Court indicates that minors face any harm from drag-related events or other speech and expression critical of gender norms,” Morris wrote in granting the injunction.Morris had granted a temporary restraining order against the law in late July, in time to allow Montana Pride to hold its 30th annual celebration in Helena without concerns about violating the law.The judge said the way the law was written would “disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms.” He said the law did not adequately define actions that might be illegal and appears likely to ”encourage arbitrary and discriminatory enforcement."The law seeks to ban minors from attending “sexually oriented performances,” and bans such performances in public places where children are 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, attorneys for the plaintiffs argue. 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 if the performances do not have a sexual element. The law does not define terms like “flamboyant,” “parodic” or “glamorous,” Morris said in July.Enforcement can include fines for businesses if minors attend a “sexually oriented performance.” The law also calls for the loss of state licenses for teachers or librarians, and the loss of state funding for schools or libraries, that allow drag reading events to be held. It allows someone who, as a minor, attended a drag performance that violated the law to sue those who promoted or participated in the event at any time over a 10-year period after the performance. 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 in July.The U.S. Supreme Court in 1972 set guidelines to determine whether something is obscene: Whether the work appeals to the prurient interest — a degrading or excessive interest in sexual matters; whether it depicts or describes sexual conduct in a patently offensive way; and whether the work lacks serious serious literary, artistic, political or scientific value.Like many Republican-led states, Montana’s conservative lawmakers have passed other laws targeting transgender people. The state's law banning gender-affirming medical care for minors has been blocked by a state judge. Montana's Republican-controlled legislature also passed a bill to define sex as only “male” or “female” in state law. That law was challenged this week, with arguments that it blocks legal recognition and protections to transgender, nonbinary and intersex residents.“It is absolutely impermissible for the government to deny benefits to a group of people on the basis of their straightforward hostility to them,” said Van Kley. In the “male” or “female” sex case, “there is pretty substantial evidence that the intent was to target transgender people,” Van Kley added.。    Fighting was reported in the town of Kanyabusoro in Rutshuru Territory on Thursday between M23 and DR Congo armed forces (FARDC), according to Agence France-Presse. The city that sits on the border with Rwanda and was seized by M23 last week,A day prior, a “ceasefire” had been announced by Angolan President Joao Lourenco after he invited his Congolese and Rwandan counterparts to Luanda for peace talks. The previous six weeks have seen both nations threaten war and accuse each other of sponsoring proxy forces in Congo’s North Kivu Province.,"We are Congolese, not Rwandans. If there is a ceasefire, it can only be between us and the Congolese government," Willy Ngoma, spokesman for the M23, told AFP on Thursday. He denied the M23 was responsible for the firefight, claiming FARDC had fired on them first.,Congolese President Felix Tshisekedi has accused Rwandan President Paul Kagame, a Tutsi, of sponsoring the predominantly Tutsi M23 group - accusations somewhat supported by a United Nations report but which Kagame’s government has long denied.,The Wednesday agreement overseen by Lourenco established a new “roadmap” to stabilizing Congo-Rwanda relations as well as the North Kivu area, including reviving a long-dormant Congo-Rwanda commission in Luanda, which had been created in the early 21st century to end the fighting of the previous war.,According to the text of the roadmap printed by the Rwanda New Times on Thursday, the deal requires the M23 to cease hostilities and withdraw immediately “from occupied positions.” It also requires both governments to “defeat” the Democratic Forces for the Liberation of Rwanda (FDLR) and its many splinter groups “which are at the origin of tensions between Rwanda and DRC and play a major role in the insecurity of the DRC.”,The FDLR militia is a Hutu Power group in North Kivu descended from those responsible for the 1994 genocide of Rwandan Tutsis and Twa, and Kigali has accused Kinshasa of cooperating with it.The Project on Violent Conflict, a US Department of Homeland Security-funded project, has substantiated some of those allegations, writing that “the relationship between the FARDC and the FDLR oscillates between open conflict and covert cooperation.”,"This roadmap does not commit the M23," Ngoma told AFP in Goma, a city on the border with Rwanda. "We are Congolese, we have nothing to do with Rwanda. We are asked to leave here, but to go where? It is impossible.”,The M23 also originated in the Congo Wars, but demobilized in 2013 following a deal with Kinshasa. However, the group once again took up arms late last year, claiming the government had not kept its end of the deal.,Speaking to the state-owned France24 on Monday, two days before the Luanda deal was reached, Ben Shepherd, a leading specialist on DR Congo and the Great Lakes Region from the London-based Chatham House, said it was unlikely the present situation would actually result in open warfare between Kinshasa and Kigali.,“But the stakes are high. Beyond the tragic consequences for the people of eastern DR Congo, which should never be underestimated, there are real possibilities for inadvertent escalation. The last round of violence between the M23 and DR Congo was ended by a SADC [Southern African Development Community]-led intervention; this time round, the EAC [East African Community] is proposing an intervention force, despite Rwanda itself being an EAC member state, and southern Africa’s heavyweights, notably Angola and South Africa, still having significant stakes in the game,” he said.,“It is imperative that DR Congo does not become once again a battleground for competing geo-political aspirations, but this will take careful diplomacy,” he added.。

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