Iowa Republicans advance law that could expose drag performances to obscenity lawsuits

Republicans are pushing to open obscenity laws in hopes of making it easier to sue drag performers.

Senate File 116, a bill that follows long-time efforts by Republicans to ban drag shows, was passed through a subcommittee Wednesday.

Sen. Sandy Salmon (R-Janesville) who has led the anti-drag show push over the years, explicitly said she brought the bill forward because constituents complained they can’t sue over drag performances because they don’t meet the definition of obscenity.

Keenan Crow is the director of policy and advocacy for One Iowa, a statewide LGBTQ rights organization. Crow said the main danger of the bill is that it allows people to sue for anything they might deem obscene, even if it doesn’t match the bill’s definition.

“The biggest concern with this piece of legislation is not so much the definition anymore. It’s this private cause of action that is going to allow people with deep pockets to harass venues that have no budget to defend themselves against these baseless lawsuits,” they said.

The real goal of the bill, Crow said, is to create a “chilling effect” on any business that might host a drag show or do an event featuring a drag performer.

The bill prohibits “exposing” people under 18 to “obscene performances” or “admitting” people under 18 to a location that hosts “obscene performances.”

A similar bill was introduced in 2023, but the definition of obscenity then was so broad it could have applied to plays and musicals, the circus, or other live activities where people use costumes and makeup.

The current bill allows parents to file a lawsuit to determine obscenity, which means a judge will decide whether something is obscene, but it will require going through the court process.

Anita Fischer an activist for Protect My Innocence, an anti-LGBTQ organization based out of Pella, explicitly mentioned drag queen story hours as events that should be shut down.

“Drag story hour advertises itself as an enriching, kid friendly activity for the entire family to enjoy, but in fact has become a safe haven for predators at a time that is used for advocating sexual confusion,” she said.

“No normal adult would have any desire to act or dress inappropriately in front of children, and we as taxpayers should not have our money used to sexually indoctrinate our youth via performances or materials,” she continued. “This has nothing to do with hate. This is about protecting children.”

The majority of people at the subcommittee opposed the bill because it opens the door to frivolous lawsuits and harassment of LGBTQ spaces.

Elizabeth Hall, a local trans woman, said the language scares her and other trans people she knows. She pointed out how supporters of the bill seemed happy to go further and to restrict how trans people can appear in society.

“And that’s pretty thinly veiled language attacking us,” Hall said. “It’s there to push us back into the closet, make our existence publicly as untenable and as difficult as possible.”

Republican Sens. Jeff Taylor of Sioux Center and Cherielynn Westrich of Ottumwa passed the bill. Both senators also introduced the bill.

Sen. Janice Weiner, a Democrat from Iowa City, did not support the bill.

The bill now goes on to be discussed in the full committee, potentially with some tweaks to the language.