Drag queen ban: Bill similar to Tennessee's introduced in Ohio

COLUMBUS, Ohio (WCMH) -- A bill similar to an unconstitutional Tennessee law prohibiting drag queens' performances in public or where children are present has come to Ohio.

House Bill 245 was introduced at the Statehouse Monday to ban "adult cabaret performances," defined as a show "harmful to juveniles" that features "entertainers who exhibit a gender identity that is different from the performers' or entertainers' gender assigned at birth." The bill would prohibit these shows in all locations other than "adult cabarets," meaning "a nightclub, bar, juice bar, restaurant, bottle club or similar establishment."

Reps. Josh Williams (R-Sylvania) and Angela King (R-Celina) are proposing the bill with the support of 41 out of 67 Ohio House Republican representatives. The 43 lawmakers outline the following penalties if entertainers are found violating the proposed law:

• A misdemeanor of the first degree if a performance occurs in the presence of a juvenile under the age of 18.
• A felony of the fifth degree if the performance is "obscene."
• A felony of the fourth degree if the performance is "obscene" and occurs in the presence of a juvenile under the age of 13.

The bill's language is modeled after a Tennessee law that also banned "adult cabaret performances" in all locations other than an "adult cabaret." U.S. District Judge Thomas Parker, an appointee of former President Donald Trump, ruled in June that the law was "unconstitutionally vague and substantially overbroad."

"Simply put, no majority of the Supreme Court has held that sexually explicit -- but not obscene -- speech receives less protection than political, artistic, or scientific speech," Parker's ruling states.

HB 245 follows several pieces of legislation introduced at the Ohio Statehouse garnering backlash from members of the LGBTQ+ community. In June, the Ohio House passed a bill banning trans athletes from participating in girls’ sports and prohibiting trans youth from receiving certain medical care. A second bill altering how teachers can discuss the LGBTQ+ community in classrooms also passed. 

Ohio’s bills are among a trend of more than 500 anti-LGBTQ+ bills moving through legislatures nationwide, breaking the record for the most bills introduced in a single year impacting the minority community. The proposals continue an unprecedented wave of legislation targeting LGBTQ+ people after 268 bills were introduced in 2021 and 315 in 2022. 

Next, HB 245 will be assigned to a House Committee where it will receive hearings open for public testimony. Read the bill as introduced below.