Conservative parental rights groups in Montana’s House of Representatives granted preliminary approval on Thursday to a bill that prohibits drag performances in public schools, libraries, and public properties in the presence of minors, regardless of the location. This legislation has been criticized by LGBTQ individuals as discriminatory and misinformed, while receiving support from conservative parental rights organizations.
House Bill 359, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, received intense public testimony during an earlier February committee hearing, when several drag performers and other members of the LGBTQ community urged lawmakers to disentangle the perception of drag as sexual or related to a “prurient interest,” as the legislation states.
During his remarks to the House Judiciary Committee, Mitchell emphasized the notion that drag performers invited to participate in story hours and other events involving minors were promoting a “disturbing agenda.” He also asserted that drag shows had a detrimental impact on a child’s mental well-being and overall welfare.
When the bill was up for a vote this month, Democrats on the committee, including two lawmakers from Missoula who identify as transgender, strongly disagreed with and condemned those notions as offensive and inaccurate. Republicans argued that the bill aimed to prevent minors from attending sexual performances in public spaces and specific businesses, asserting that these were appropriate restrictions for the Legislature to deliberate on.
The bill successfully cleared the committee, receiving support solely from members of one political party. During this process, amendments were introduced that expanded its coverage to include public areas when minors are present. Additionally, the definition of drag performance was modified to encompass “topless dancers, exotic dancers, strippers, or individuals who impersonate males or females for entertainment purposes that arouse a sexual interest, regardless of whether compensation is involved or not.”
After a fiery floor debate, the amended bill swiftly passed through the House, dominated by Republicans, with a vote of 66-33 on Thursday. Surprisingly, one Republican member joined forces with the Democrats in opposition. The clash between lawmakers from both parties was mainly centered around differing interpretations of drag performance.
“I’m going to object today every time we’re equating a drag performance to sexualizing children,” said Minority Leader Kim Abbott, D-Helena, in response to comments from Rep. Kerri Seekins-Crowe describing drag as men “flaunting” themselves in front of children. “And I just want the body to know that we can do it all day long.”
Minutes later, House Majority Leader Sue Vinton, R-Billings, interrupted remarks by Rep. Zooey Zephyr, D-Missoula, when the transgender lawmaker suggested the bill could restrict performances by transgender people because it defines drag as including “male or female impersonators.”
Vinton stated, “I can continue to argue all day that this bill is unrelated to the transgender community.”
Mitchell and other Republican legislators frequently criticized drag performances as unsuitable for children, drawing comparisons to stripping and referring to adult drag shows they had either heard of or attended many years ago.
“It was adults doing adult things. And that’s great,” said Rep. Tanner Smith, R-Lakeside, referencing a drag performance he said he attended 30 years ago. “We’re just asking, just leave the kids out of it.”
Democrats gave more modern-day examples of all-ages drag shows, including one in Helena that Rep. Connie Keogh, D-Missoula, said she attended last weekend. Zephyr sought to put drag, and its continuously rising profile as mainstream art, in historical context.
“Why are children coming to them now? Let me explain. We have endured and overcome various challenges in our lives. We survived the AIDS epidemic and fought for our right to marry. We even adopted children and raised them. Now, as adults, we are introducing our children to an art form that holds great value in our community. We do it in a way that is appropriate for their age and understanding. This is why, if you had attended the drag show on Saturday, you would have witnessed individuals wearing elegant, full-length dresses, celebrating our art, our history, and the fact that we are still here today.”
Zephyr was repeatedly interrupted by Vinton and chair of the House floor session, Rep. Brandon Ler, R-Savage, including when she referenced proponent testimony on the bill earlier this month that conflated drag performers with pedophelia and grooming.
Vinton firmly stated, “I would like to express my objection to any discussions about groomers and pedophiles, Mr. Chairman.”
Zephyr expressed gratitude for the sentiment and expressed a wish that the proponents who testified would have done the same.
Democrats attempted to bring an amendment to the bill to replace references to “drag” with “adult-oriented performance,” a change that the amendment sponsor, Rep. Alice Buckley, D-Bozeman, said would clarify the intent of the bill and focus on restricting children from age-inappropriate performances.
Mitchell argued that the amendment completely deviates from the original purpose of the legislation and urged lawmakers to reject it. However, the motion was not successful, with a vote of 58-42 against it.
House lawmakers will probably hold a final vote on Friday before routing the bill to the Senate for consideration by another committee if it is passed.
