Did Texas Pass a Bill Banning Drag Performances in Front of Children?

SNOPES

Claim: The Texas legislature passed a bill in May 2023 banning drag performances in front of children.

Context: It's true that a bill criminalizing what it describes as “sexually oriented performances” in front of children, as well as venues that host such performances, was passed on May 28, 2023. The bill was originally conceived to restrict minors from attending drag performances but was amended to remove all explicit references to drag performances. Despite the change in language, drag performers still feared this legislation would target them.

On May 28, 2023, the Texas legislature passed the final draft of a bill criminalizing "sexually oriented performances" in front of children, as well as businesses that host such performances. Many drag performers expressed fear that the bill would target them, as it appeared to be part of a broader effort in the state to crack down on drag shows and limit the rights of LGBTQ people. 

These were the definitions of "sexual conduct" in the final bill: 

(A)  the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation.

(B)  the exhibition or representation, actual or simulated, of male or female genitals in a lewd state, including a state of sexual stimulation or arousal.

(C)  the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals; or

(D)  actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or

(E) the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.


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