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GOP-led Kentucky Senate passes bill to limit drag shows

Republican lawmakers in Kentucky have advanced a bill to put limits on drag shows

Bruce Schreiner
Friday 10 March 2023 16:15 EST
Drag Shows Kentucky
Drag Shows Kentucky (Copyright 2023 The Associated Press. All rights reserved.)

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Republican lawmakers in Kentucky advanced a bill Friday to put limits on drag shows, capping a free-wielding Senate debate as supporters touted it as a child-protection measure and opponents called it an unconstitutional attack aimed at LGBTQ groups.

The measure won Senate passage on a 26-6 vote after a lengthy debate that led to some eyebrow-raising exchanges in the buttoned-down chamber.

The bill's lead sponsor was asked if she had ever attended a drag show and then if she found it ā€œsexually arousing.ā€ Republican Sen. Lindsey Tichenor replied she had attended a drag show in Kentucky. The latter question ā€” from a Democratic opponent of the bill ā€” was ruled out of order after a GOP Senate leader called it ā€œoutside the bounds of decorum.ā€

The measure heads to the House with only a few days remaining in this year's 30-day legislative session. Republicans have supermajorities in both chambers.

The culture wars proposal would prohibit drag shows on public property or in places where they could be viewed by children.

ā€œThe intent of this legislation is to restrict these types of adult performances to adults,ā€ Tichenor said.

Democratic Sen. Karen Berg borrowed a libertarian theme to oppose the bill: ā€œDonā€™t tread on me."

For LGBTQ groups, ā€œdrag is a form of self-expression that you donā€™t have to understand, you donā€™t have to appreciate, you donā€™t have to like and you donā€™t have to attend,ā€ she said.

Across the country, conservative activists and politicians complain that drag shows are contributing to the ā€œsexualizationā€ or ā€œgroomingā€ of children. The Tennessee Legislature recently passed a bill banning public drag performances by classifying them as adult cabaret, among topless dancers, go-go dancers, exotic dancers and strippers. Tennesseeā€™s Republican Gov. Bill Lee signed the bill into law.

The Kentucky bill takes aim at drag shows by stating adult performances include a live performance involving male or female impersonators that ā€œappeals to a prurient interest in sexual conductā€ and lacks "serious literary, artistic, political or scientific value.ā€ Drag, however, does not typically involve nudity or stripping, which are more common in the separate art of burlesque.

Violations under the Kentucky proposal ā€” Senate Bill 115 ā€” would be punishable as misdemeanors for the first two offenses but would rise to a felony for subsequent offenses. Businesses hosting such performances could have their alcohol and business licenses suspended or revoked.

Tichenor acknowledged thereā€™s a long history of male and female impersonators, and specifically pointed to the ā€œmasterful performanceā€ by Robin Williams in drag in ā€œMrs. Doubtfire.ā€

ā€œThis bill is not in any way addressing those types of performances," the senator said.

The bill is in response to performances once limited to adult audiences but ā€œnow are being introduced to the general public as appropriate-for-all-ages under the guise of inclusivity,ā€ she said. She said sheā€™s heard from people who said their families encountered such performances in public places.

ā€œThese performances have never been a problem until they made their way into the public sector,ā€ Tichenor said.

Opponents said the bill would encroach on constitutional protections and was aimed at the LGBTQ community. Democratic Sen. Cassie Chambers Armstrong said First Amendment protections extend to the ā€œexpressive choices we make,ā€ including the clothing worn and ā€œthe way we choose to present ourselves to the world.ā€ That includes ā€œthe choice to dress in drag,ā€ she said.

There are numerous existing laws, including indecent exposure, to deal with sexually explicit activity in public places, she said. The bill instead sends a message of ā€œhate and fear and discrimination to a group of Kentuckians that deserve equal protection and equal dignity under our laws,ā€ she said.

The bill's supporters said the focus is on protecting children from exposure to adult performances.

ā€œWhat is hateful about keeping children away from sexualized adult performances?ā€ Tichenor said.

The bill has drawn support from social conservatives. David Walls, executive director of The Family Foundation, on Friday called it ā€œa family-friendly bill.ā€

It's brought condemnation from gay-rights activists and drag supporters. Opponents chanted ā€œshameā€ when the bill was approved recently by a Senate committee.

ā€œThis bill not only compromises or asks me to explain my humanity, but it also brings into question my livelihood,ā€ drag performer Poly Tics told the GOP-led Senate committee.

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