Kentucky Senate passes GOP-backed anti-drag show bill after heated debate
A bill restricting drag shows — which critics say infringes upon First Amendment rights and will jeopardize Pride celebrations across the commonwealth — passed the full Kentucky Senate Friday.
The vote was along party lines, 26 to 6, with one Republican senator passing.
Senate Bill 115, sponsored by Sen. Lindsey Tichenor, R-Smithfield, would prohibit drag shows, considered “adult performance” by the bill’s standards, from taking place on publicly owned property or “in a location where the person knows or should know the adult performance could be viewed” by a child.
Similar bills have popped up in statehouses across the country, most notably in Tennessee, where Republican Gov. Bill Lee has already signed a ban on drag performances in public places.
Speaking after the lengthy floor discussion and debate, Tichenor said her bill is one most Kentuckians agree with and she’s ready to see it though to the House of Representatives.
“This bill was about the drag performances that are starting to make their way into the public sector. They’ve never been in the public sector before. They’ve never been marketed to children before. They’ve always been in adult businesses and nobody’s had any problem with that,” Tichenor said. “But now that they’re coming into the public sector, we need to put some guidelines around those because some of those performances are absolutely inappropriate for kids.”
A first offense would be a Class B misdemeanor, a second offense would be a Class A misdemeanor and any subsequent offenses would be Class D felonies. Additionally, any business hosting such a performance where children are present could have their liquor and/or business licenses suspended or revoked.
The original version of the bill prohibited “adult-oriented businesses” — including drag shows — from operating within 1,000 feet of child care facilities, schools, public parks, homes or places of worship, all but shutting down drag across Kentucky.
‘Have you ever been to a drag show?’
The contentious debate lasted more than an hour on the Senate floor and included references to “sadomasochistic bondage attire,” foot fetishes, sexual proclivities of individuals and the “masterful performance” of Robin Williams in the hit 1993 film, “Mrs. Doubtfire.”
In introducing her bill, Tichenor acknowledged that there is a long tradition of men playing women in theater, during Shakespearian and ancient Greek and Roman times. A tradition that has continued to modern times, she said, citing Williams’ role as “fun-loving” Euphegenia Doubtfire, a British nanny concocted by a divorced dad to spend more time with his kids.
Those kinds of performances wouldn’t be affected by this bill, she said, noting that this bill is about protecting children.
“Opposition to 115 have called this legislation hateful,” Tichenor said. “I would ask, what is hateful about keeping children away from sexualized adult performances? No matter how I posed the question — why do sexually explicit adult performances need to be in front of children? — I cannot get an answer.”
Sen. Karen Berg, D-Louisville, has emerged as Senate Democrats’ most fervent opponent to anti-LGBTQ bills. Berg’s late son, Henry Berg-Brousseau, 24, was a trans-rights activist who died by suicide in December.
Berg and Tichenor had a particularly tense exchange that resulted in Berg being called out of order.
“Have you ever been to a drag show?” Berg asked. Tichenor said she had.
“Was that drag show here in the state of Kentucky?” Berg asked. Tichenor said it was.
“Did you find that sexually arousing?” Berg asked, before quickly being ruled out of order and withdrawing the question.
Sen. Johnnie Turner, R-Harlan, praised Tichenor for the bill.
“We’re trying to keep our children safe in a lot of respects,” Turner said. “You’ve got the ‘woke’ that everybody hears about.”
Sen. Gex Williams, R-Verona, rejected the idea that supporters of this bill were motivated by hatred.
“I believe that every ‘yes’ vote here is our of love for our children,” Williams said. “Our children are being confused. ... They’re being groomed. ... Every one of our children deserve a child that is protected and not confused.”
Every Republican present for the vote supported it with the exception of Sen. Julie Raque Adams of Louisville, who said the Kentucky Center for the Performing Arts had expressed its concerns to her about the bill. Raque Adams passed and said she’d continue to work on their behalf as the bill moved to the House.
Tichenor said her reaction to the Center’s proposal was, “Why do they want a pass?”
“Why do they want these things inside of their facilities? These are taxpayer dollars that are running these performances, that are bringing these performances in,” she said. “And the language is very clear, sexually explicit is very clear in our statutes. Appealing to the prurient interest is very clear in federal obscenity laws, and if they can have performances without those things, I don’t think there needs to be any adjustment to the language of the bill.”
Several floor amendments were filed to the bill, including two from Minority Caucus Chair Reggie Thomas, D-Lexington. The first would have clarified that performances from a theater or dance program would allow for the portrayal of “a gender different than the participant’s gender at birth with impunity.” The second said that “conduct consisting solely of touching, embracing, or kissing” is not a sexual act. Both failed.
“This is our third bill demonizing the LGBTQ this year,” Thomas said in explaining his ‘no’ vote on the overall bill. “And I’m just left with this question: What is it we’re afraid of? At some point, I thought someone would answer that question.”
Tichenor filed an amendment to change the definition of “adult performance” in the bill. It would be considered anything that “appeals to a prurient interest in sexual conduct” and “lacks serious literary, artistic, political, or scientific value.” The amendment was adopted.
In Lexington Thursday night, a group of health care professionals, parents and LGTBQ rights activists asked the Lexington-Fayette Urban County Council to pass resolutions condemning a series being considered by Kentucky lawmakers, including SB 115.
“Drag is good. Drag is not a crime,” said Uma Jewels, a drag performer who has raised more than $100,000 for local charities as part of the Imperial Court of Kentucky. “We ask for your affirmation. We ask that you affirm our right to exist.”
This story was originally published March 10, 2023 at 1:06 PM.
