The Ohio House held its first hearing on Tuesday for HB 245, which would ban drag performances in locations other than ‘adult cabaret.’
The bill specifically calls out drag performers by referencing “performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s gender assigned at birth using clothing, makeup, prosthetic or imitation genitals or breasts, or other physical markers.” Individuals could face felony charges depending if a juvenile is in attendance or if the performance is considered ‘obscene,’ which is not further defined.
Tuesday’s 18-minute hearing in front of the Criminal Justice Committee was sponsor testimony: Reps. Angela King (R-Celina) and Josh Williams (R-Oregon) provided statements and fielded a few questions from colleagues.
At one point, Rep. King had to pause, visibly choked up after recalling a drag performance that was held in her local western Ohio community of Celina.
Here are 7 of the most memorable quotes from today’s hearing.
1. “We have forgotten to let children be kids and not inundate them with the worries, concerns and social issues of adulthood.”
-Rep. King, failing to mention that so many of LGBTQ+ students’ worries and concerns are being caused by the adults in the legislature proposing bills that threaten their existence.
2. “I want to live up to the words: ‘Ohio is a great place to raise a family.’”
-Rep. King, failing to mention that so many Ohio families have had to consider leaving the state because Ohio Republican legislators are hyper-focused on getting in between parents and the healthcare decisions of their trans children.
3. “HB 245 simply puts in place important measures to protect children from being exposed to cabaret performances that are marketed to adults with adult themes, imagery and performances.”
-Rep. King, in a statement that is just not true. Rep. Williams told The Plain Dealer in July that he considers Drag Story Hours to be obscene. “This is a woman in bad makeup reading to a kid,” he said. “This is a performance [that] demonstrates a different gender in the presence of a child with the sole purpose of desensitizing” children to drag performers.
4. “This bill in no way changes the current definition of obscenity under Ohio law and neither does it change in any way the current definition of material harmful to juveniles. Rather, it simply applies those standards to obscene public performances.”
-Rep. Bill Seitz (R-Cincinnati), in a statement that is also just not true. This bill doesn’t solely apply standards to public performances. The bill specifically adds language to apply to drag performers, expanding the definition of “obscene” by targeting the trans community.
5. “This is based on the Miller test, which establishes the difference between legitimate artistic expression and free speech and what is obscene.”
-Rep. Williams. The Miller test came up a lot during this brief hearing. It is an entirely subjective tool, as evidenced by Williams on-the-record statements that he considers drag story hours to be obscene.
6. “I’m aware of several district court cases which have reviewed laws which I believe are very similar to HB 245. These courts have held that those laws were unconstitutional in various ways, including containing unconstitutional content-based restrictions, unconstitutional viewpoint-based restrictions and unconstitutional for being overly vague and broad. These cases come from very red states including Texas, Tennessee and Montana. Are you familiar with these cases?”
-Rep. Richard Brown (D-Canal Winchester), highlighting that HB 245 doesn’t have a bright future ahead of it.
7. “We’re saying that these categories of performances are illegal only if they rise to the level of obscenity. It’s based on the conduct of the performer.”
-Rep. Williams, responding to Rep. Brown. Again, Rep. Williams is applying a subjective litmus test here…the same Rep Williams who believes that drag story hours in which fully dressed drag performers read children’s books to children and give them free children’s books and promote literacy are obscene events. 🔥
Ignite Action
- Reach out to the members of the Criminal Justice Committee to make your thoughts known on the attempt to ban drag in public spaces.
- Bruch up on all the latest statehouse developments with our 2023 Guide to Ohio’s LGBTQ+ legislation.
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