OKLAHOMA CITY—Far-right lawmakers in the Oklahoma legislature managed to marshal enough votes in both the House of Representatives and the Senate last week to adopt House Bill (HB) 1217 and send it to Republican Gov. Kevin Stitt's desk. Stitt is expected to sign the bill into law.
HB 1217 prohibits "obscene" performances on public property to protect minors from being exposed to potentially age-restrictive material.
The bill passed the Senate by a vote of 39-8. All Democrats dissented. HB 1217 passed through its house of origin on a vote of 79-17. Oklahoma has a supermajority controlled by the Republican Party.
At least, that is what the bill sponsors express to be the intention of the legislation. As the Oklahoma Voice reports, HB 1217 would make it a crime for adults to engage in otherwise lawful "adult performances," or to permit them by a local government on public property where a minor could view the performances.
Individuals found in violation of this law would be charged with a misdemeanor, subject to a fine or a year in jail, or both. In other words, the bill is trying to make it a crime to host events like drag shows or LGBTQ+ Pride Month celebrations.
“This bill is about protecting children and ensuring that our public spaces remain safe and family-friendly for all,” said Republican state Sen David Bullard, the bill sponsor in the Senate, in a press release. While the legislation doesn't explicitly mention drag shows, the bill in its current form can be used to broadly define a public performance that is "obscene to minors." Sen. Dusty Deevers, the controversial far-right Republican who proposed an outright ban on all pornography in the state two years in a row, called critics of HB 1217 out by characterizing their opposition as a "wink at corruption." "It is perversion. And Jesus calls it evil," he added.
There is no clear definition of this measure impacting strip clubs, adult retailers, or any similar location that is closed to the public and requires some form of paid or restricted admission. The bill heavily relies on definitions of what is considered to be obscene to a minor that currently exist within Oklahoma criminal statutes.
"It shall be unlawful for a person to engage in an adult performance which contains obscene material, or for any political subdivision of this state to allow, permit, organize, or authorize the viewing of an adult performance which contains obscene material, on public property or in a public place where a minor, as part of the general public, will be exposed to view such adult performance," reads language in the bill as currently drafted.
Further, the legislation defines a "public place" as "any area or space that the general public may freely access without payment for admission; provided, however, any place that limits access pursuant to an admission process or that restricts minors from entering the area or space to participate or take part in any event."
Despite this, the broad language could be interpreted to be inclusive of criminalizing constitutionally-protected forms of expression, including LGBTQ+ Pride Month celebrations. For reference, Pride Month is recognized in June. However, major LGBTQ+ Pride celebration events are planned for Oklahoma City, Tulsa, Norman, and Broken Arrow, among other cities and towns throughout much of the year. For example, Tulsa hosts its Pride Parade in October annually. Critics believe that HB 1217 would broadly apply to events that are otherwise protected by the First Amendment and comply with local and state laws, without the specter of a criminal penalty.
“What this is really about is one small group in our community, a group of our neighbors, making another small group in our community uncomfortable, and so we’re going to have a piece of legislation to go after one group because it makes another group uncomfortable,” chided Sen. Mark Mann via Oklahoma Voice reporting.
Mann, a Democrat, explained that this could impact theatrical performances, cultural pieces, public art festivals, cheerleading routines, and performances that aren't traditionally considered "obscene to minors." Similarly, Democratic Sen. Carri Hicks called the measure "an anti-speech, anti-queer, anti-art bill masquerading as a protection against obscenity." Recent litigation has shown attempts to ban queer performances in public places, including drag shows, is overtly unconstitutional.
For example, a federal district judge in neighboring Texas found a statewide drag ban adopted in 2023 an "unconstitutional restriction on speech."
Another example includes yet another federal district judge who initially found a drag restriction law in Tennessee to be unconstitutional, despite the bill staying in effect since the U.S. Supreme Court declined to hear the case and a federal appeals court dismissed it.
