Hello Guest | Login

Threats to free artistic expression

Tracking and responding to legislation impacting the creative sector

In 2023, a large minority of states introduced legislation to restrict drag performances, responding to the perceived need to “protect children” from situations where they might come into contact with a person dressed in drag. The most common instances, which a majority of the legislation sought to regulate, are events that take place in libraries and schools. These are commonly known as Drag Story Hour.  This movement though is not limited to drag performances, but has expanded to trying to regulate which books children may read, what subjects they can learn in schools and a variety of topics around LGBTQ+ people.

UPDATE:  As of May 31, 2024, with one exception, all of the states that have introduced anti-drag legislation have adjourned for the year.  Further, these state legislatures are on the second year of their congress, so all legislation has died and will not carry over into 2025 unless it is re-introduced.  

No state has passed any Anti-Drag legislation in 2024 and it appears that none will!

The only exception is Ohio which has a “year round” legislature.   There is one bill, HB245 that is still out there, but there seems to be little legislative interest in this bill.  It was introduced in July of 2023, got a bunch of early co-sponsors, then in November of 2023 got a hearing, then silence.     So, I an predicting that this legislation will also die when the Ohio legislature adjourns at the end of this year.  But, we will keep an eye on this.   

Most of these bills that were introduced in 2024 were “messaging bills” meaning that these legislators really were not serious about passing them into law, but rather using them for political purposes to engage their constituents/base.  Thus, I had predicted that we would not see any huge movement on these anti-drag bills given that these legislators have moved on to the next topic to “scare” their constituents.   The national/state narrative remains Immigration and Women’s Health Care Rights.  

I do not see the drag legislation re-emerging in any meaningful way in the future. 

In the various 2024 state legislative sessions, 11 bills in six states have been introduced that directly impact drag performances in venues that are not "adult businesses."  There are more bills that seek to regulate adult businesses which include "drag performances" as part of a list of definitions but these bills are not seeking to regulate story hours, although a few bills make it look like they are trying to regulate adult businesses, and then they add in a line at the end stating any drag performance in a non-adult business venue is against the law.   So, we have to be vigilant.  

See below for an up to date list of legislation, but  I will note the following states have active anti-drag legislation:  Missouri (four bills), West Virginia (three bills) - Update: the WV Legislature has adjourned and these bills are dead, Nebraska, Oklahoma, South Carolina and South Dakota - Update - the SD Legislature used a parlimentary procedure to prohibit action on this legislation until the day after the legislature adjourns, basically killing the measure.    I would note that the South Carolina, South Dakota and Nebraska legislation is particularly worrisome as those pieces of legislation basically state that any drag performance is an adult performance by definition and is sexual in nature and thus illegal for a minor to view.  

The 2024 legislation joins over 45 pieces of legislation in 20 states which are left over from 2023 which also  seek to address this perceived issue. Of these pieces of legislation, the vast majority will likely not become law but rather operate as “messaging bills” which seek to show voters that legislators are responding to an issue but in reality, don’t have a high likelihood of passing.  See below for an explanation of the bills that have become law.

This page will be updated regularly, we encourage you to bookmark and revisit it. The information provided is intended to be useful as you promote and advocate for the arts. If you have questions or feedback, please contact Jay Dick.

State Activity & Advocacy Resources

EXPLANATION OF BILLS THAT HAVE BECOME LAW

Overview:  No legislative has become law in 2024.  Six pieces of legislation have become law in 2023. There are technically seven pieces, but the Tennessee law are two companion bills, which we count as one.  Of the six, judges in Tennessee, Florida, Arkansas and Texas have issued injunctions preventing the laws from being enforced. 

Not all legislation is the same, but break down into three categories:

  • Laws that overtly prohibit drag story hours in libraries, schools or other public buildings. There are only two bills in this category: Tennessee and Montana.
  • Laws that serve to project children from obscene materials, but do not mention drag performances.  There is one law in this category: Arkansas which is concerned with physical books in libraries which are deemed "obscene".
  • Laws that seek to regulate adult performances and prohibit minors from viewing them.   There are three laws in this category: North Dakota, Florida and Texas.  Several of these bills originally sought to regulate drag performances but that language was removed before the bill became law. 

In addition to the Arkansas legislation, which originally referenced drag performances, several other states have passes laws that regulate which books minors can view at libraries.  Those states are:  Iowa, Louisiana, and North Dakota.

See below for more information.

DRAG LEGISLATION

Tennessee: Companion Bills HB0009 and SB003. Signed into law on March 22, 2023.

  • This law creates an offense for a person who engages in an adult cabaret performance, which includes male or female impersonators, on public property (libraries or schools for example) or in a location where the adult cabaret performance could be viewed by a person who is not an adult. 

UPDATE: 6/2/23 U.S. District Judge Thomas Parker (who was appointed by President Trump) ruled that the new Tennessee law prohibiting drag shows in libraries (or other places kids could see one) was unconstitutional. Judge Parker wrote that the measure was passed “for the impermissible purpose of chilling constitutionally-protected speech.” It is also worth noting that the Tennessee Attorney General did not immediately move to appeal the Judge’s decision, but rather stated he would appeal the ruling “at the appropriate time.”

Arkansas: SB81 Signed into law on April 4, 2023.

  • This law regulates libraries with regard to obscene materials including performances.  The law does not use the terms "drag" or "cabaret" and appears to be more concerned with items (books) that depicts or describes nudity, sexual conduct, etc.

UPDATE: 7/29/23 U.S. District Judge Timothy Brooks issued a preliminary injunction against the law, which was to go into effect on August 1st.   Arkansas Attorney General Tim Griffin stated that his office would be "reviewing the judge's opinion and will continue to vigorously defend the law."   I will note that the Attorney General did not immediately appeal the decision which indicates that they realize the law is vaguely written and is likely unconstitutional.  

North Dakota: HB1333 Signed into law on April 25, 2023.

  • This law regulates adult oriented performances.  The original language of the bill included regulating "adult Cabaret performances" (ie drag performances) but this language was removed in favor of more general language that should not affect drag performances in libraries/ schools or the arts and culture in general.

Florida: S1438 Signed into law on May 5, 2023.

  • This law it titled the Protection of Children Act and it regulates exposing children to adult live performances.  The bill does not mention drag performances and should not effect the arts and culture in general.   

UPDATE: 7/19/23 U.S. District Judge Gregory Presnell issued a preliminary injunction against the Florida law and has clarified that it applies statewide, not just to the plaintiff's restaurant.  The law can not be enforced until a trial is held to determine its constitutionality. 

Montana: HB359 Signed into law on May 18, 2023.

  • This law prohibits minors from attending drag performances.  The bill prohibits schools or libraries from hosting any drag performance and prohibits any business from allowing children to see an adult oriented drag performance.    

Texas: SB12 Signed into law on June 18, 2023.

  • This law regulates sexually oriented performances.  It doesn't mention drag shows, but the language is still vague enough that it could be used by a local prosecutor to try to prohibit a drag story hour, etc.  We note that there were several other bills in Texas that did not advance this legislative session which did explicitly seek to regulate drag performances which did not make it out of committee. 

UPDATE: 8/31/23 U.S. District Judge David Hittner issued a temporary restraining order against the law, which was to go into effect on September 1st after a two day court hearing.  Judge Hittner wrote in his order that the new law is likely unconstitutional because it violates the First Amendment.  He also stated that he was going to prepare a more permanent order against the law.  The Texas Office of the Attorney General stated that they will pursue all legal remedies possible to aggressively defend the law.  Again, I will note the general nature of this response which indicates that the state probably knows they are on thin constitutional ground.
   

LIBRARY LEGISLATION

Iowa: SF496 Signed into law on May 26, 2023.

  • This law broadly establishes "parents rights" to make decisions affecting their child in schools.  This extends to regulating school libraries containing "age appropriate materials."  Unfortunately, this definition is broad and allows for schools to ban or restrict books which many do no consider obscene or inappropriate for children such as a book that contains an LGBTQ+ character.

Louisiana: SB7 Signed into law on June 28, 2023.

  • This law establishes a fundamental right of parents to make decisions for the care of their children.  This includes regulating what books minor children may view at libraries.  Like Iowa, the definition is broad and calls for libraries to ban or restrict books which many do no consider obscene or inappropriate for children.

North Dakota: SB2360 Enacted into law on April 28, 2023.

  • This law was passed over the governor's veto.  While not as broad as the Louisiana legislation, this law specifically regulate what books minor children may view at libraries.  Again, the definition is broad and calls for libraries to ban or restrict books which many do no consider obscene or inappropriate for children. 

 

STATE ADVOCACY RESOURCES

Sample Testimony: