Texas, Tennessee, and Montana have passed laws aimed at restricting drag performances in public spaces, sparking legal battles and resistance from the LGBTQ+ community. These laws are part of a broader conservative culture war that has seen a crackdown on LGBTQ+ rights across the United States.
In early 2023, these states introduced legislation specifically targeting drag artists, banning their performances in certain public spaces. Critics argue that this campaign is a thinly veiled assault on the LGBTQ+ community’s rights and freedoms. Notably, judges in these states, including one appointed by former President Donald Trump, have intervened, blocking these laws in response to lawsuits from drag queens and civil rights groups. A recent development in Texas saw a judge extend a block on the state’s drag ban, setting the stage for a hearing on a permanent injunction later in September.
While Republicans vow to continue pushing for these drag-ban bills, their recent legal setbacks have given some hope that the conservative right’s offensive against the LGBTQ+ community is facing significant hurdles.
Tennessee became the first state in the nation to enact a law imposing stringent restrictions on drag shows. However, in June, a Trump-appointed judge ruled against it, deeming the legislation “unconstitutionally vague and substantially overbroad.” The law’s language was so broad that it could potentially punish a woman performing in an Elvis Presley costume as a “male impersonator.”
Despite legal setbacks, some officials in Tennessee remained determined to enforce the new law. In August, a prosecutor in Blount County announced plans to apply the anti-drag law to a Pride festival, prompting a legal battle ultimately won by the ACLU and drag performer Flamy Grant.
The anti-drag laws introduced in 2023 share vague language in defining drag, leading to concerns of potential misapplications. Montana’s law, for instance, restricted performers adopting “flamboyant,” “parodic,” or “glamorous” personas in public spaces where children were present. In Alabama, an anti-drag law proposed a wide-ranging ban on drag performances and other acts in the presence of minors. These laws faced significant backlash, with hundreds protesting in Alabama, ultimately causing the bill to be dropped.
While the anti-drag laws are ostensibly about protecting children, LGBTQ+ advocates argue that they are part of a larger right-wing assault on transgender individuals and drag performers alike. The demonization of drag performers, falsely equating them with transgender individuals, contributes to the ongoing hostility towards the LGBTQ+ community. Sarah Kate Ellis, CEO and president of Glaad, commented, “This new wave of reinvigorated bigotry is not going to be successful, but it does make life really hard on a daily basis for people just trying to live their lives.”
The LGBTQ+ community continues to face challenges as the conservative right targets drag performances and the broader community. The legal battles, protests, and threats signal a growing conflict over LGBTQ+ rights, with hundreds of anti-LGBTQ+ bills introduced in state legislatures in the early months of 2023. Despite these challenges, LGBTQ+ individuals and allies remain resilient, emphasizing the importance of “allyship” in the face of adversity.
In the words of Flamy Grant, whose lawsuit allowed a Pride event to proceed, “Allyship is standing with us at these moments when we’ve got protesters showing up to our events, when we’ve got elected officials, district attorneys, police, and the courts coming for us. That is the thing that is going to really help us turn the tide.” As the battle for LGBTQ+ rights continues, solidarity remains a crucial weapon against discrimination.