Texas Senate Passes Bills Restricting Drag Shows and Other “Sexually Oriented Performances”

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On Wednesday, the Texas Senate passed two bills that would limit and, in some cases, criminalize drag shows and other performances deemed “sexually oriented.” The bills were debated on Tuesday, and both drew controversy from members of the public present in the Senate gallery. Senate Bill 12, authored by Bryan Hughes, R-Mineola, would prohibit any performances deemed sexually suggestive in the presence of a minor, including real or “simulated” touching of the buttocks, breasts or genitals, sex acts or the exhibition of sex toys. Performers could be charged with a class A misdemeanor, and businesses hosting them could face fines of up to $10,000.

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Initially, the bill only applied to men presenting as women or vice versa. However, during Tuesday’s debate, Hughes expanded the penalties to anyone participating in “sexual conduct,” regardless of dress or gender presentation. He also broadened the definition of “public property” to include any time, place, or manner that could reasonably be expected to be viewed by a child. The bill was passed on Wednesday by a vote of 20-11, with only one Democrat, Sen. Royce West of Dallas, voting in favor. Sen. Juan “Chuy” Hinojosa of McAllen voted in favor during initial debate on Tuesday but later changed his votes to opposition when his amendments to the bill were not accepted.

Senate Bill 1601, also authored by Hughes, would prohibit state funds from being used for library events featuring drag performers reading to children. The bill does not contain a “prurient interest” clause, meaning it would apply to all drag shows and performances where “the person being dressed as the opposite gender is a primary component of the entertainment.” An amendment added by Sen. Drew Springer, R-Muenster, would also bar other public funds from going to these libraries. Concerns were raised by Democrats that this would apply to a female librarian dressing up as a male literary figure such as Harry Potter or Gandalf during story time. The bill passed on Wednesday by a vote of 19-10, with Sen. West once again being the sole Democrat voting in favor.

During Tuesday’s debate, the Senate also approved a bill banning certain medical treatments for transgender minors. The chamber has already sent a bill to the House requiring college athletes to compete in sports according to their sex at birth. The bills passed by the Senate this week now head to the House for further debate.

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The passing of these bills has been met with backlash from LGBTQ+ advocates and local leaders. Critics argue that these bills violate free speech and target the LGBTQ+ community. The restrictions on drag shows and sexually suggestive performances could also harm the economy of Texas cities that rely on tourism, such as Austin and Houston, where drag shows are popular attractions.

The passage of these bills highlights the ongoing political battle over LGBTQ+ rights and representation in Texas. While some lawmakers are advocating for greater protections and equality, others are pushing for more restrictive measures that target the community. As these bills make their way through the legislature, the debate is likely to continue, with both sides vying for control over the direction of Texas’ policies towards the LGBTQ+ community.

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