Last week, Montana became the first state to adopt a law banning schools and public libraries from holding drag-reading events aimed at children. Violations of this law can result in heavy fines and potential dismissal.
According to House Bill 359 (HB 359), “drag story time” is described as an event led by a drag queen or drag king who reads books or conducts other programs in the presence of minors. The law defines drag performers as performers who adopt a “masculine” or “feminine” persona that is “flamboyant or parodic,” with “glamorous or exaggerated costumes and makeup.”
Any public school or library that violates HB 359 can be fined up to $5,000 and staff members who violate the law can be suspended from duty for up to one year; subsequent violations may result in the employee’s dismissal. Critics argue that this broad definition of “drama story hours” is an unconstitutional attack on the First Amendment that can be used to target nearly any individual who dresses in a way conservatives find offensive, regardless of their behaviour. The law makes no mention of sexual behavior or conduct in its definition of drag reading events and drag performers – a unique feature that separates this law from other anti-drag legislation across the country.
But from coast to coast, states across the country are introducing their own bills targeting drag performers to the big one. Tennessee criminalization of drag performances in the presence of minors in February. And in the Texas legislature, lawmakers are considering a measure targeting any public library in the state that holds “an event at which a male posing as a female or a female posing as a male” reads a book to a minor. Under this bill, the state would reserve the right to defund any public library that violates this law.
Below is a list of anti-drag bills currently being considered in each state.
Alabama — In April, lawmakers tabled HB 401, which proposes changes to the state’s anti-obscenity law. The changes include a clause specifically targeting drag performers.
Arizona — The state has advanced two anti-drag bills that restrict public “adult cabaret shows,” including SB 1030 And SB 1028which carry up to $150,000 in fines and a two-year prison sentence.
Arkansas — CS 43 adds restrictions on “shows intended for adults”, prohibiting these events in public spaces. The law specifically imposes regulations on performances involving the “deliberate, full or partial exposure” of “genital or breast prostheses”, a clause that can be invoked in certain drag performances.
Colorado — HB23-1135 would make “indecent exposure” in the presence of minors under the age of 15 a crime. While supporters of the bill argue that state LGBTQ+ organizations have not raised concerns about the bill, critics say the law could be used to restrict drag performances.
Florida — Unsurprisingly, Governor Ron DeSantis signed his so-called “Let Kids Be Kids” bill into law which includes HB1438which seeks to “protect children from sexually explicit adult performances in all venues, including drag shows and strip clubs”.
Idaho — Idaho lawmakers advanced HB 265, which limits live performances involving “sexual behavior” in public spaces. The bill incorporates coded language that could be used against drag performers in its definition of “sexual conduct,” specifically referring to any performance using “props that exaggerate primary or secondary male or female sexual characteristics.”
Kansas — Legislators introduced SB-149a measure that expands the state’s definition of criminal obscenity in public to include drag performances in the presence of minors.
Kentucky — State senators passed SB115, a bill that bans “performances intended for adults” in public spaces. Initial violations of this law would be classified as misdemeanors, but would eventually escalate into felony charges.
Missouri — Legislators introduced HB1364, a provision that criminalizes “adult cabaret performances” in public, including drag shows. The measure also includes restrictions on drag story hours.
Minnesota — SF933 was introduced in the state legislature in January. The bill would categorize drag shows as adult entertainment, prohibit minors from participating and restrict the locations of drag events.
Nebraska — If passed, LB371 would ban anyone in the state under the age of 19 from attending a drag show.
North Carolina — Legislators introduced HB673which imposes limits on adult entertainment shows featuring “male or female impersonators who provide entertainment that appeals to a lustful interest, whether or not performed for hire”.
North Dakota — In April, Governor Doug Burgum signed HB 1333 in the law, a measure that prohibits “performances intended for adults” in public spaces, or “any commercial establishment frequented by minors”.
Oklahoma – State senators advanced HB 2186, which prohibits “adult cabaret” performances in public spaces or anywhere in the presence of minors. Violators can be charged with a felony, fined up to $20,000, and jailed for up to two years.
Caroline from the south – Legislators presented SB585 which specifically refers to “male or female impersonators” as part of “adult cabaret”. These performances would be restricted in public spaces and violators could face a fine of up to $1,000 and a two-year prison sentence.
West Virginia — Featured Legislators SB253, which criminalizes “adult cabaret performances” on public property. Those found guilty can face fines of up to $25,000 or a five-year sentence in a state correctional facility.
