Bill targeting ‘sexually oriented performances’ advances in Texas after drag references removed

Drag queen Brigitte Bandit gives testimony in the Senate Chamber at the Texas State Capitol on March 23, 2023, in Austin, Texas. People across the state of Texas showed up to give testimony as proposed Senate bills SB12 and SB1601, which would regulate drag performances, were discussed before the Chamber. (Brandon Bell/Getty Images/TNS)
Drag queen Brigitte Bandit gives testimony in the Senate Chamber at the Texas State Capitol on March 23, 2023, in Austin, Texas. People across the state of Texas showed up to give testimony as proposed Senate bills SB12 and SB1601, which would regulate drag performances, were discussed before the Chamber. (Brandon Bell/Getty Images/TNS)

AUSTIN -- Drag isn't a danger. It is the cure.

That's the message drag king Travis Randy Travis brought to the House Committee on State Affairs this week. During debate on a bill pitched as a way to ban children from drag shows, the Austin-based artist and nurse technician said performing in drag has helped ease the pain of seeing patients suffer and die during the COVID pandemic.

"I went from seeing a therapist once a week about the horrors of the pandemic to laughing and smiling with audiences at drag shows while we sang, 'On the Road Again,' " said Travis, who was pulling off a rather convincing Willie Nelson impersonation at the Capitol on Wednesday.

"Drag didn't hurt me as a kid," Travis added. "It made me a strong member of society."

Lawyers, business owners, parents, queer Texans and drag performers turned out in droves to oppose the bill. Of the 385 people signed up to testify as of midmorning that day, 350 were against it.

The bill was debated for more than three hours on Wednesday. On Friday, the committee approved it by a vote of 9-4. Rep. Richard Raymond of Laredo was the only Democrat who voted in favor.

The legislation was sold as a way to protect children from overly sexual performances. Bill author Sen. Bryan Hughes, R-Mineola, said during its initial debate that drag shows, in particular, "expose children to issues of sexuality and identity that should be reserved for adults."

It is one of Lt. Gov. Dan Patrick's 30 legislative priorities, which also include banning gender-affirming medical treatments for transgender minors, restricting transgender college athletes and regulating the discussions of gender and sexuality in schools.

The bill was amended just before Wednesday's hearing to remove any explicit mention of performers who dress as the opposite sex. In its current version, the bill still creates a host of new crimes and threatens scofflaws with jail time and fines.

Prohibited behaviors include actual or simulated groping, actual or simulated arousal and display of a sex toy, if done in a "prurient" manner -- a term the bill does not define -- in front of a minor or in a public place regardless of whether someone is in drag. Performers could get slapped with a Class A misdemeanor (punishable by up to one year in jail and a $4,000 fine) and the business hosting them would be subject to a $10,000 civil penalty per violation.

Rep. Matt Shaheen, who has been tasked with shepherding the bill through the House, said he removed references to drag performers because it should not matter what clothes someone wears if they are acting inappropriately in front of a child.

"Children are sufficiently protected from being sexualized without this reference to drag shows," he said as he introduced the bill.

Opponents welcomed the change, but said the legislation has already put a target on the backs of drag performers and LGBTQ people.

"Regardless of the content, the proposal of these bills have created an excruciating year for my business and drag performers," said Kerry Lynn, who runs a service that delivers drag queens to your doorstep for performances at birthday and bachelorette parties. She said venues and performers have seen an uptick in the past year in threats, including from those espousing neo-Nazi beliefs.

"These words in this bill create movements which become headlines that pave the way for those to feel justified in acting out hostilely and violently," Lynn said.

Kelly Neidert is one of the lead organizers of anti-drag protests in Texas. She told the committee that she believes there is no such thing as a kid-friendly drag performance: "It's very clear that drag shows are sexually oriented performances and they are no place for a child."

After testifying, Rep. Rafael Anchia asked if she could provide him with a list of drag shows in the Dallas area that allow minors to attend.

"My daughters have been asking me to take them to a drag show for months now and I cannot find one," Anchia, D-Dallas, said. "So if you could get me that list, that'd be very helpful."

Neidert responded, "That's disgusting." The crowd chuckled, after which committee chair Rep. Todd Hunter, R-Corpus Christi, reminded Neidert and those watching to maintain decorum.

Several lawyers and business owners raised concerns about the breadth of conduct that would be banned in front of anyone under the age of 18.

"Unconstitutional, flawed and harmful" is how the ACLU of Texas' lawyer described it.

The restaurants Hooters and Twin Peaks, as well as dance troupes, were a frequent point of discussion. Rep. Richard Raymond, a self-professed fan of Dallas Cowboys cheerleaders, was concerned that the bill could apply to them as well.

Luke Macias, a conservative activist and political consultant, said that could conceivably happen. If it does, he said the Legislature could fix that when it meets next in 2025.

"Worst scenario is we have a few less cheerleaders in Texas for a year and a half," Macias said.

Several of the committee's members were absent for much of the debate. Just before the committee recessed, when a handful of drag performers testified, just three of its members were on the dais.

Alexander the Great, an Austin-based performer and the first transgender man to receive the local LGBTQ accolade "Mister Austin Pride," said drag has been around for centuries and can be found in everything from Shakespeare to Bugs Bunny cartoons.

"Drag itself is not an inherently sexual art form. It is simply an expression of gender and can be modified to fit any audience," Alexander said. "In my drag, I've created space for people to exist as themselves and to feel celebrated. Drag is love. Drag is art. Drag is powerful."

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