Attempts to regulate drag shows largely fall flat

As you’re no doubt aware, drag shows have been attracting a lot of attention in the press lately, mostly in a negative fashion by conservatives. This has almost entirely been in response to children being exposed to these performances. As a result, multiple states have attempted to enact new laws regulating such events, blocking access by minors. But as NPR pointed out yesterday, few of the laws have passed, and the ones that did have mostly been blocked by the courts. One such law passed in Montana was blocked by a federal judge on Friday. A similar law in Tennessee was struck down by a Trump-appointed judge the day before it was supposed to go into effect. So are conservatives chasing their own tails on this topic and is this something that can even be regulated without running afoul of the First Amendment?

In states across the country this year, Republicans have talked a lot about restricting drag performances in front of children.

But that talk, and even their efforts, haven’t amounted to much.

Bills restricting drag have failed to pass, passed as watered-down laws, have been vetoed or, in the case of three states that did manage to pass meaningful restrictions, laws have been temporarily halted by federal judges.

Before getting to the legalities involved, I would first point out that drag performances have been around for a very long time without really drawing all that much attention. Going back to the era of black-and-white television, people saw Bob Hope and Milton Berle perform in drag multiple times. Other examples abound. In the modern era, RuPaul’s Drag Race has been on the air for nearly fifteen years and has done well in the ratings with few complaints. I’ve never personally watched the show or been to a drag performance, but I wasn’t really put off by the idea and, frankly, just didn’t pay much attention to it.

What has changed in the current era seems obvious, at least to me, and it has everything to do with the rising transgender craze. Drag used to be done for comedic effect. Bob Hope and Milton Berle were never trying to convince anyone that they were actually women. They were comedians and actors trying to generate some laughs. Even RuPaul (at least to my knowledge) has never claimed to be female. But now, with an entire movement trying to erase much of our medical scientific history, things have changed.

When it comes to exposing children to such “entertainment,” the sad reality is that kids are exposed to far worse on a regular basis. We don’t allow them in strip clubs, but cable television has plenty to offer that really should be considered age-inappropriate. And when you mix in what kids can find on the internet using nothing more than their cell phones, all bets are off. I’m not excusing this as an acceptable situation, but it’s the modern reality that we all have to live in.

As I already mentioned, any live performances involving nudity and sexual behavior are already off-limits to minors and those who break those rules should be rightly prosecuted. But the performers in drag shows tend to have their naughty bits covered, so banning children is going to be tough to justify. When the drag performers are grinding with an artificial phallus or other sex toys, we’re getting into a gray area, but the courts still may be unwilling to accept restrictions.

In the end, there may not be a legislative remedy available. What’s really required is a return to solid parenting and the willingness to impart strong family values. The courts may not be able to keep children away from Drag Queen Story Hour, but the parents certainly can and they should. It’s not “harmless entertainment” such as Robin Williams performing in Mrs. Doubtfire when children are being deliberately pushed toward questioning their own inherent, God-given nature. Sadly, the madness has infected far too many adults at this point, including some parents, so we can’t rely on that as a blanket solution either.