Bill banning children from drag shows passes the House

A local legislator’s bill limiting drag performances in public spaces passed the Montana House of Representatives in a 64-32 vote Friday.

House Bill 359, sponsored by Columbia Falls Republican Braxton Mitchell, would prevent drag performances in publicly-funded facilities, such as libraries and public schools, or in any public location where a minor is present. It also would ban minors from entering a business deemed as sexually-oriented during a strip show or drag performance.

Presenting his bill during the House floor session on Feb. 23, Mitchell said that the legislation will not hinder theater or athletic performances, a nod to one of its main criticisms.

He also argued that the bill does not infringe on parental rights, another criticism opponents have lobbed at the proposal. Mitchell instead likened taking a child to a drag show to abuse.

“The Republican caucus as well as myself are strong proponents of parental rights, but parent’s rights stop at a parent’s attempt to harm or sexualize a child,” Mitchell said.

Rep. Alice Buckley, D-Bozeman, requested that the House accept an amendment to strike the word “drag” and change it to “adult oriented,” to further define the intent of a performance. The amendment failed.

Lawmakers opposing the bill expressed concern it misrepresented drag shows. Rep. Connie Keogh, D-Missoula, said she attended a drag show in Helena the weekend prior, one she described as family friendly. Based on that experience, Mitchell’s bill does a poor job of defining drag performances, Keogh said.

“It's really clear to me that this bill is spreading a lot of misinformation,” she said. “It’s our duty as a legislative body to stop this.”

Rep. Zooey Zephyr, D-Missoula, the first transgender woman elected to the Montana Legislature, worried that the bill goes beyond drag and targets the transgender community. Like Keogh, she differed with Mitchell’s definition of drag.

“The bill purports to be about drag, so let me first start by saying what drag is,” Zephyr said. “Drag is art, drag is beautiful, drag is important to my community.”

Conservative representatives argued that the measure is not an attack on a community or art form but aimed at maintaining the innocence of children.

A few agreed that the bill extended further than drag performances.

“This bill goes beyond drag,” said Rep. Jedediah Hinkle, R-Belgrade. “This bill encompasses these other industries that have that prurient interest.”

Hinkle argued that the bill only targets public spaces that are funded by tax dollars. Drag shows, he said, likely would continue to occur in the private sector.

“If you want to expose your children to this, take them to a private place,” said Rep. Ed Butcher, R-Winifred, in response to worries that the legislation impedes parental rights.

Rep. Neil Duram, R-Eureka, deemed the public areas targeted by the bill — like libraries — as safe spaces for children. He said that he found it offensive that any drag show would be in a library.

Other critics, though, pointed to the bill as government overreach. Rep. Mark Thane, D-Missoula, argued that it is the Legislature’s role to honor the rights of parents and respect the decisions they make on behalf of their children.

Thane called the legislation an example of a political attack that makes children feel less safe, specifically LGBTQ children.

“This is government overreach in its most dogmatic and ideological form,” he said.

The bill passed through the House Judiciary Committee on Feb. 15 and saw its second hearing on the House floor on Feb. 23. Though two Republicans voted against the bill on Friday, it is now headed to the Senate.

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or at 758-4459.