Queens in Crisis: The Legal War on Drag
Supporters gather to celebrate gay pride at a festival.
Drag shows, with their dazzling costumes, flamboyant performances, and larger-than-life personas, have long been a vibrant part of LGBTQ+ culture. From their historical roots to the modern-day controversy surrounding drag bans, the journey of drag shows is as colorful as the performances themselves. But beneath the glitter and glamor lies a history of persecution and legal battles. Today, the United States faces a resurgence of drag bans, echoing the dark days of past restrictions. The history of drag is one of both celebration and censorship. The concept of drag has been around for centuries, but its journey in the United States is particularly colorful and contentious.
In the late 19th century, "masquerade laws" popped up across the U.S. These laws made it illegal to wear clothing of the opposite sex in order to prevent deception but were often used to target and criminalize LGBTQ+ individuals. San Francisco's 1863 ordinance was one of the first, followed by similar laws in cities like New York and Chicago. These laws laid the groundwork for later, more sophisticated forms of legal discrimination. The 1930s brought the Hays Code, a set of industry moral guidelines that dictated acceptable content in films. Although not directly related to drag, the Hays Code enforced strict gender norms and censorship, which stifled any portrayals of LGBTQ+ characters or themes. This code indirectly suppressed drag culture by promoting rigid binary gender representations in media and deeming anything other than this unacceptable.
Despite the strides made in LGBTQ+ rights, the 21st century has seen a troubling resurgence of drag bans. These laws are often framed as protecting public morality or children, but they perpetuate discrimination and stifle artistic expression. There are currently 2 states that outwardly ban drag shows: Tennessee and Montana. However, a slew of anti-gay and anti-drag legislation has recently passed in states likw Arizona, Texas, Florida, and Arkansas. In Texas, although not passed into law, House Bill 4378 aimed to criminalize drag performances in public places and any location where minors could be present. It proposed severe penalties, including fines and jail time. While the bill did not pass, it reflects the state's political climate and ongoing efforts to restrict drag. Furthermore, Arkansas' expanded obscenity laws have broad implications for drag performances. The vague language allows for wide-ranging enforcement, leading to fears of a crackdown on LGBTQ+ events and culture.
This type of anti-gay legislation is sadly sweeping the nation with the hope to suppress queer identities. However, the resurgence of drag bans has far-reaching implications beyond the immediate legal and social challenges. Banning or restricting drag performances erases an important form of self-expression and community building. These laws send a message that LGBTQ+ identities are not welcome or valued in society, contributing to broader cultural repression. Additionally, restrictions on drag performances can lead to financial hardship for those who rely on drag as their primary source of income. Additionally, cities and towns that host drag events may see a decline in tourism and economic activity, impacting local economies.
Drag Queen Hex Noire performing at a protest in Hamilton, Ontario.
Now, more than ever, it's crucial to use your voice and your vote to support and protect all identities. Local, state, and federal elections determine who makes the laws that govern our lives. By voting for candidates who value diversity and inclusion, you can help ensure that everyone, including our vibrant LGBTQ+ community, can live and express themselves freely.
The history of drag shows and bans in the United States is a testament to the resilience and creativity of the LGBTQ+ community. Despite ongoing challenges, the drag community continues to thrive, adapt, and fight for its right to exist. The fight for the right to perform, express, and be oneself is far from over, but history has shown that drag queens and kings are nothing if not resilient. As long as there is drag, there will be hope, and the show, as they say, must go on.
