The Texas Senate passed a bill prohibiting drag performers from dancing in the presence of children, stating a person who violates the legislation would be penalized no more than $10,000.
On March 10, Sen. Bryan Hughes (R-Mineola) filed Senate Bill 12, which relates to “restricting certain sexually oriented performances on public property, on the premises of a commercial enterprise, or in the presence of a child; authorizing a civil penalty; creating a criminal offense,” according to the bill.
“Certain sexually oriented performances” will not be allowed in the presence of individuals younger than 18 years old, the bill states.
SB 12 passed by a vote of 20-11.
Local elected officials Sen. Morgan LaMantia (D-South Padre Island) and Sen. Juan “Chuy” Hinojosa (D-McAllen) voted against the bill.
The bill defines “sexually oriented performances” as a performer who is nude, male exhibiting as a female or vise versa and “who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience; or any other performer who engages in sexual conduct; and appeals to the prurient interest in sex.”
During an April 4 Senate Session, Hughes said the bill does not intend to stop theatrical or other shows that do not appeal to the prurient interest. Municipalities are authorized to regulate those shows as they see fit.
The bill stirred up questions by senators present in the session, including LaMantia.
LaMantia asked Hughes to clarify if the bill would not include movies, such as “Mrs. Doubtfire,” a 1993 film starring Robin Williams dressed as a woman.
Hughes replied, “the key element there … is whether it appeals to a prudent interest in sex. Webster [Dictionary] says that’s marked by arousing or appealing to sexual desire.”
Hinojosa also asked Hughes if a drag show appeals to the prurient interest in sex, would it mean it can be held at a commercial enterprise as long as children are not present.
Hughes replied that under the bill, drag shows cannot be on public property where children may be present.
Fish Navarro, who uses the pronouns they/them and is chair for the LGBTQ+ Task Force in Brownsville, said the bill is broad as there is no policy people have to follow to separate drag queens and transgender people.
“It’s definitely targeting a lot of trans people and trying to silence our community,” they said. “People who are perceived as trans might be confused as a drag queen, and people who identify as nonbinary, who might dress more [feminine] than usual, might also be perceived under this new bill. And it’s just kind of creating this atmosphere of us being scared to kind of be presenting in public.”
Relating to the topic, Sen. Roland Gutierrez (D-San Antonio) asked Hughes during the April 4 Senate Session how a police officer or district attorney would know the sexuality of the performer.
“Senator, as you know, between these elements there’s ‘or’ and then there’s an ‘and’ at the end,” Hughes replied. “If it appeals to the prurient interest and meets any of those above prongs, it’s captured by the bill because this is about protecting children.”
SB 12 reached the House Committee on April 6, but as of press time last Thursday, no action had been taken.
