Drag Queen Brigitte Bandit is seen reading a book during a story time event at the Cheer Up Charlies dive bar in Austin, Texas on March 11, 2023. Despite the talk and efforts from Republicans in various states to restrict drag performances in front of children, these attempts have not been successful. Bills aimed at restricting drag have either failed to pass, been passed as diluted laws, vetoed, or temporarily halted by federal judges. Recently, a judge temporarily blocked a law in Montana, the last state with enforceable restrictions, just before the start of Pride festivities. While a few states still have ongoing legislative sessions, it remains to be seen if further efforts will be made.
In Arkansas, Republican state Sen. Gary Stubblefield, who championed and sponsored a bill targeting drag shows, claimed that they harm children and take away their innocence. Many of these bills, including Stubblefield’s, included language appealing to the “prurient interest,” which has been a common element in attempted drag restrictions across multiple states. However, legal experts argue that using this language is insufficient to regulate such performances and may violate the First Amendment. The backlash against these bills has been apparent across the country, with many arguing that drag is an art form focused on showmanship rather than sex.
In Tennessee, a Trump-appointed U.S. District Judge temporarily struck down the state’s drag restrictions the day before they were meant to go into effect, citing constitutional vagueness. A similar law in Florida has also been temporarily blocked. Montana was briefly the only state with an enforceable drag law until it, too, was temporarily halted by the courts. In Arkansas, Stubblefield’s bill went through significant changes and ended up focusing on regulating stripping rather than drag shows. This amended version of the law was passed and Stubblefield believed it was the only way to protect minors and withstand legal challenges. However, he acknowledged that it was crucial for any legislation to genuinely help children and not be struck down by a judge.