On Tuesday, the Republican supermajority in Florida’s Senate passed the Protection of Children Act, also known as Senate Bill 1438, with a 28-12 vote. The bill, sponsored by Jacksonville state Senator Clay Yarborough, targets drag shows by penalizing any venue that hosts a drag event where children may be present, according to the Democrats. The measure now heads to the House for further deliberation.
During the heated and contentious debate, Democrats argued that the law puts “targets on the backs of queer Floridians,” as it restricts the freedom of expression and specifically targets queer artistry. Senator Lori Berman, a Democrat from Palm Beach, called drag a “form of art” and expressed concerns that the law would result in more harm and hate towards the transgender community.
The bill authorizes state government officials within the Department of Business and Professional Regulation to suspend or revoke the liquor license of any establishment that admits minors to a live, adult performance. It also imposes penalties on those who admit a child to such a show, with a first-degree misdemeanor punishable by up to $1,000 in fines and up to a year in prison.
Prohibited performances under the bill would include “lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts,” meant to appeal to “prurient, shameful, or morbid interests,” and displays that are patently offensive and “without serious literary, artistic, political, or scientific value for the age of the child present.”
Democrats argued that children are already protected under existing statutes from inappropriate material and that this legislation is likely to result in more harm, hurt, and hate against the transgender community. They cited Republican Representative Webster Barnaby’s recent tirade labeling transgender individuals as “mutants, devils, and imps” in a House committee as evidence that the law could be used to target Pride parades and celebrations around the state.
In conclusion, the bill targeting drag shows and the freedom of expression is causing concern among the LGBTQ+ community and their allies. The vague language and enforcement intent of the law raise fears that it could be used to further marginalize and discriminate against queer Floridians.