A proposed bill in Alabama would ban drag queens and kings from performing in public areas where minors could be present, citing the Anti-Obscenity Enforcement Act. The bill uses vague language that could extend to banning other forms of performance art. If passed, it would criminalize performers dressed in sexually revealing or provocative clothing. Central Alabama Pride described the proposed law as an “outrageous attack on freedom of expression,” with drag performances being a source of empowerment, resilience, and unity for the LGBTQ+ community. The bill’s broad language could potentially criminalize a day at the beach.
This proposal follows the recent controversy surrounding Tennessee’s drag ban, which was temporarily blocked by a court order just days before it would have come into effect. The ban was signed into law, making Tennessee the first state to ban public drag performances, but a federal judge temporarily blocked it, stating that the language in the bill was “vague and overly broad.”
The judge’s order argued that the language in the bill could be applied “just about anywhere,” creating confusion about what constitutes a public location or a location where an adult cabaret entertainment could be viewed by a person who is not an adult. The bill’s broad language clashes with the First Amendment’s tight constraints, according to the judge.
The proposed bill in Alabama also violates the First Amendment rights to free speech and expression and perpetuates discrimination and marginalization of the LGBTQ+ community. Central Alabama Pride urged lawmakers to reconsider the “discriminatory” bill, while advocating for the public to join in the fight against this harmful legislation.
The bill’s vague and undefined language has raised concerns that it could extend beyond drag performances, potentially criminalizing other forms of performance art, such as pantomime shows and Shakespeare’s plays. The LGBTQ+ community has long turned to drag performances as a source of empowerment, resilience, and unity. Banning them is an affront to the community’s fundamental rights and threatens the liberty of every Alabamian.