Oklahoma Attorney General Says ‘Obscene’ Public Drag Performances Are Illegal, Vows To Prosecute Performers

The attorney general of Oklahoma, Gentner Drummond, says that “obscene” drag performances in public spaces or in front of children are illegal and that his office will prosecute violations. Mr. Drummond issued a binding opinion on Wednesday in response to questions about whether drag performances are considered illegal under a recently passed state law, House Bill 1217, that prohibits anyone from performing sexually explicit or obscene acts in public. Violators could face up to a year in jail and a fine of up to $1,000.While critics said the law is aimed at drag performances, it does not specifically mention them. However, the attorney general clarified this week that, in fact, drag performers could be prosecuted under the law. Mr. Drummond said, “No child should be subjected to the patently obscene and adult performances that are referred to as ‘drag shows.”“Oklahoma law has changed to ban these types of performances in front of minors, and I have issued a binding opinion that describes clear red lines for when such a display goes from free speech to a punishable crime,” Mr. Drummon said. “I will be issuing important guidance to local law enforcement on this topic because I believe it is important they are fully equipped to protect our children from obscene drag performances. My office will prosecute anyone in violation of this law.”Mr. Drummond said his opinion lays out “clear red lines” to determine whether drag performances are “obscene” and violate the law. Oklahoma law describes obscene material as “any representation, performance, depiction, or description of sexual conduct” that is “patently offensive as determined by the average person applying contemporary community standards.”The material must also appeal to “prurient interest in sex as a dominant theme” and lack “serious literary, artistic, educational, political, or scientific value when taken as a whole.”The attorney general’s opinion stated, “A drag performance done in the view of minors or in a public space violates title 21, section 1024.6 (Supp.2025) of the Oklahoma Statutes and is not protected by the First Amendment if it contains obscene material.”Republicans touted H.B. 1217 earlier this year, saying it was meant to protect children. A state senator, Dusty Deevers, said in May that the bill would protect “children from public sexualization and perversion disguised as inclusivity.”Democrats opposed the law and said it was not about protecting children. A state senator, Carri Hicks, said in May that the law is “about punishing queer joy.”In a statement about the law, the ACLU of Oklahoma said it is a “fundamental principle of our democracy that the government can’t discriminate against people — or silence them — based on the content of their speech.” It added that the First Amendment “protects drag as a form of expression.”Multiple courts have found that drag performances are protected forms of expression. A Florida law that punishes venues for letting children into “adult live performances,” and is aimed at drag performances without specifically naming them, has been put on hold pending a legal challenge. In August, a federal appeals court blocked West Texas A&M from enforcing a campus drag show ban, amid a pending legal challenge.

Oklahoma Attorney General Says ‘Obscene’ Public Drag Performances Are Illegal, Vows To Prosecute Performers

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