Does Oklahoma’s HB1217 ban drag?

House Bill 1217, enrolled May 5, would ban “adult performances which contain obscene material” in public areas where minors could view them. How that would affect the legality of drag in the state is uncertain, but it will likely be adjudicated in court if signed into law.

Oklahoma law defines obscene material as depictions or descriptions of sexual conduct that are patently offensive, have as its dominant theme a prurient interest in sex, and lack literary, artistic, educational, political, or scientific purposes or value.

Political subdivisions would also be banned from allowing or organizing such performances. Violators could be charged with a misdemeanor punishable by no more than one year in jail and/or a fine of $500-$1000.

A different bill, Senate Bill 550, would have explicitly banned drag performances and similar adult cabaret performances considered harmful to minors held in public spaces. It did not get a hearing on the Senate floor.