By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – State senators on Tuesday greenlighted a controversial bill that could make Oklahoma the latest state to attempt to ban children from watching drag and cabaret performances deemed harmful to minors.
But critics said the language is vague and expressed concern that someone dressing up as a popular superhero at a public library could run afoul of the proposed law.
Senate Bill 550, which passed a Senate committee Tuesday by a 6-2 vote, seeks to incarcerate those who perform in drag if it is harmful to minors for up to five years and issue them fines up to $20,000. Organizers of the events could face fines up to $1,000 and as long as a year in jail.
The bill’s author, Sen. Dusty Deevers, R-Elgin, said he wants the prohibition to apply to shows on public property or at locations where the performance could be viewed by a minor.
“Children will be and must be protected from perverse sexuality in the public square,” Deevers said. “Over the course of the last 10 years or so, we have seen a widespread campaign to sexualize children that has taken many forms and one of which is the exposure of young children to drag queens and hypersexualized performances in public. This is an egregious attack on our children and a violation of Oklahoma values that we should not allow to continue on public property.”
The increasing visibility of drag and cabaret shows have made them targets of conservative lawmakers across the country.
But courts in some states that have attempted similar bans have deemed them unconstitutional.
Nicole McAfee, Freedom Oklahoma executive director, said they were disappointed to see this issue come back up.
It is the most egregious of this type of bill filed, said McAfee, who leads the group which advocates for LGBTQ rights.
It contains mandatory prison time, McAfee said.
Deevers said his measure is not just about attire, but behavior.
“Other than what you watch on political television, is there any kind of psychological study or anything else to be able to indicate that you can cite that talks about the harmfulness about what we are talking about?” asked Sen. Michael Brooks, D-Oklahoma City.
“Just seeking clarification,” Deevers said. “Are you saying this is not harmful to children?”
“I asked you a question,” Brooks said.
Deevers said there are studies and laws that protect children, but did not specifically cite any during the committee hearing.
Material that is harmful to minors depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse, Deevers said.
Brooks asked if a person dressed as Superman would be in violation if they went to the public library to read a comic book.
“If his genitals are hanging out, then yes,” Deevers said. “If he is waving his rear in front of the children, at a library, then yes. If he is just dressed up and going to read a clean book, then that would not be under the definition of what is harmful to minors.”
Sen. Regina Goodwin, D-Tulsa, said the bill’s language is a bit confusing as to what is considered public and what is private.
And she questioned how officials will determine the line between safe and harmful cross-dressing.
The bill is now eligible to be heard on the Senate floor.
