Texas Pushes Draconian Drag Ban Bills Amid Unprecedented Assault on Trans Rights

Austin, Texas—With vivid yellow hair and a black blazer splashed with colour, transgender artist and performer “Key Ring” leaned into the microphone on the ground of the Texas Senate chamber on March 23 to handle members of the State Affairs committee throughout listening to about Senate Invoice 12. “The language of this invoice is … extremely imprecise with regards to defining what precisely a drag performer is and probably to be utilized to accuse doubtlessly any Texan of a sexually oriented efficiency,” she instructed the committee members.

SB 12 would criminalize performances by individuals exhibiting as the other intercourse assigned at start in entrance of a minor or in a public area if it “appeals to the prurient curiosity in intercourse.” Violators would face a Class A misdemeanor carrying a penalty of as much as a yr in jail, a $4,000 wonderful or each. The invoice would additionally let the state wonderful companies $10,000 if they permit minors to attend so-called prurient drag performances.

Key Ring made the three-hour drive down from Dallas to testify on the committee listening to as a result of, she instructed Truthout, the invoice presents a direct assault on her livelihood, as its passage may make it crime to merely carry out in public as a transgender particular person in Texas. She stated she already experiences harassment throughout performances in North Texas. “Actually this invoice is an assault on First Modification rights which might be protected by the Structure and of LGBTQIA-plus individuals to precise themselves the best way they see match,” she instructed Truthout exterior the Senate chamber previous to the listening to.

“Actually this invoice is an assault on First Modification rights which might be protected by the Structure and of LGBTQIA-plus individuals to precise themselves the best way they see match.”

The listening to additionally took up Senate Bill 1601, which might bar state funds from going to municipal libraries that enable drag performers to learn books to minors if “the particular person being dressed as the other gender is a major part of the leisure” — even when the occasion doesn’t attraction to the “prurient curiosity.”

Key Ring was joined in testifying towards the payments by an array of colorfully outfitted drag performers, some sporting vivid pink wigs, placing make-up and glittering robes, some sporting false beards and bolo ties. Public testimony was break up overwhelmingly towards the laws at a ratio of about five-to-one, with many advocates describing the payments as an try and erase transgender individuals and drag performers from public life fully. Regardless of this, the Texas Senate State Affairs Committee voted 6-2 on Monday to advance the payments to the complete Senate.

Drag artist Brigitte Bandit poses exterior the Senate chamber on the Texas Capitol on March 23, 2023, earlier than testifying towards a invoice that might ban so-called prurient drag performances.

The payments aren’t the one, and even the worst, anti-drag payments being thought of within the state legislature. LGBTQ advocates are calling House Bill 4378 the “drag bounty hunter invoice,” because it makes use of the identical technique of state-sanctioned vigilantism Texas lawmakers used to ban abortion at six weeks in 2021, even previous to the Supreme Court docket’s choice overturning Roe v. Wade and enacting Texas’s set off legislation banning abortion outright. HB 4378 equally encourages residents to sue for a financial reward of as much as $5,000 anybody who hosts or performs in a drag occasion within the presence of a minor, as much as 10 years after the efficiency.

HB 4378 defines “drag” as any “efficiency wherein a performer displays a gender that’s completely different than the performer’s gender recorded at start utilizing clothes, make-up, or different bodily markers and sings, lip syncs, dances, or in any other case performs in a lascivious method earlier than an viewers.”

The payments are amongst not less than 140 anti-LGBTQ payments filed by Republican state lawmakers this session, according to Equality Texas, together with payments banning gender-affirming care and intercollegiate athletic competitors for transgender youth already passed by the Senate this week. Texas lawmakers have filed essentially the most anti-LGBTQ payments throughout the nation this yr to this point, in accordance with the American Civil Liberties Union’s nationwide count, which is monitoring not less than 435 payments throughout the nation.

In Texas and throughout america, the frenzy of anti-LGBTQ payments focusing on transgender individuals and particularly transgender youth, are a part of a concerted far proper propaganda effort to push a false narrative labeling transgender individuals and drag performers as predatory sexual “groomers” to stoke hatred and violence towards the LGBTQ group — in lots of instances efficiently and in some instances, fatally. The phrases “prurient” and “lascivious” within the Texas payments are a direct nod to such narratives, which in Texas have been pushed by a few of the exact same people who confirmed as much as testify in favor of the payments.

A type of who testified in favor of the anti-drag payments was Kelly Neidert, who heads the so-called Defend Texas Youngsters (PTK) group, which baselessly claims to be defending youngsters from “grooming.” PTK-led protests focusing on drag exhibits throughout Texas have drawn help from neo-Nazi, neofascist, extremist militia, and Christian nationalist teams just like the Aryan Freedom Community, the American Nationalist Initiative, North and Central Texas Proud Boys, This Is Texas Freedom Power, Patriot Entrance, and the New Columbia Motion, as Truthout has reported.

Far proper activist Kelly Neidert testifies in help of a invoice that might ban so-called prurient drag performances within the Senate chamber of the Texas Capitol on March 23, 2023.

Neidert has been noticed chatting casually with not less than one obvious member of Patriot Entrance and has known as for individuals who attend Pleasure occasions to be rounded up. Whereas she claims PTK is a nonprofit, neither a federal 990 kind nor Inside Income Service letter granting tax exemption may be discovered, and it stays unclear precisely the place the group’s funding comes from.

Whereas Neidert beforehand instructed Truthout she was being facetious when she referred to herself on Twitter as a “Christian fascist,” she additionally stated she’s a part of the New Columbia Motion’s “Girls’s League.” The intense Catholic traditionalist New Columbians wish to refound the U.S. as a Christian theocracy, in accordance with their manifesto, which calls “unnatural equality” “evil” and describes democracy as a “failed experiment.”

She described PTK’s exercise earlier than Texas Senate State Affairs Committee members, ending her testimony by saying, “Bringing youngsters round sexual content material as a focused assault on their minds and our bodies that ought to by no means be tolerated in a civilized society.” Tellingly, PTK doesn’t protest or goal mother and father who deliver their youngsters into R-rated motion pictures with sexual content material or goal sexually suggestive companies like Hooters frequented by households.

In November, Republican State Rep. Tony Tinderholt employed Neidert’s twin brother, Jake Neidert, as his workplace’s legislative director. Jake Neidert has called for the general public execution of those that take their youngsters to tug exhibits and has been funded by Defend Texas Liberty PAC, a fundraising group tied to West Texas oil billionaires Tim Dunn and Farris Wilks that has poured millions into far proper causes throughout the state. Jake Neidert’s job as a legislative director for State Consultant Tinderholt has allowed him broad affect over what payments Tinderholt helps.

“The Republicans have written into these similar anti-trans payments blocking gender-affirming care, that these similar surgical procedures and hormones they’re attempting to forestall for kids and adults who need them, that you simply proceed to power them onto our bodies like mine who haven’t requested for them.”

Certainly, Tinderholt has been some of the outspoken opponents of expanded LGBTQ rights within the Texas Legislature and was vocally supportive of Home Invoice 1686 this week throughout a Home Public Well being committee listening to on the invoice. HB 1686 would bar physicians from offering gender-affirming care together with puberty blockers, hormone remedy or surgical procedure to deal with gender dysphoria in sufferers below the age of 18. The invoice would additionally require the state medical board to revoke the medical licenses of violators, and withhold taxpayer cash to people and organizations that present gender-affirming remedies to minors.

Throughout the listening to, Tinderholt directed inquiries to the invoice’s opponents, together with Louis Appel, who’s president of Texas Pediatric Society, the principle state group representing physicians specializing in treating youth. Appel instructed the committee that surgical remedy for gender dysphoria isn’t usually accomplished previous to the age of 18, however that medical choices for youth experiencing dysphoria ought to stay between docs and households.

HB 1686 doesn’t prohibit the identical remedies for intersex youth, or for cisgender youth experiencing points like precocious puberty, when puberty begins unusually early.

“I sadly was sterilized as an toddler when docs eliminated my testes to power my physique to suit the [gender] binary,” stated intersex activist Alicia Roth Weigel at a rally simply exterior the committee debate. “These non-consensual surgical procedures proceed to occur on intersex youngsters throughout this state, throughout the nation and all over the world. And you recognize who is aware of about that? The Republicans. The Republicans have written into these similar anti-trans payments blocking gender-affirming care, that these similar surgical procedures and hormones they’re attempting to forestall for kids and adults who need them, that you simply proceed to power them onto our bodies like mine who haven’t requested for them.”

Intersex activist Alicia Roth Weigel speaks throughout a LGBTQ rights rally in an outside rotunda space of the Texas Capitol on March 27, 2023, inside earshot of a Home Public Well being committee debate on a invoice that might ban gender-affirming look after trans youth.

A whole lot of LGBTQ rights activists joined Roth Weigel in rallying at an outside rotunda space of the Texas Capitol inside earshot of the listening to room this week, filling all three ranges of the constructing. Protests continued all through the week, with activists and advocates internet hosting drag performances and prayer vigils within the rotunda space.

Transgender Austin resident Loren Perkins was amongst these protesting this week. Perkins’ testimony towards the anti-drag payments SB 12 and 1601 drew condemnation from Lt. Gov. Dan Patrick after a separate activist bodily obstructed the Senate sergeant-at-arms to permit Perkins to talk past her allotted time.

She instructed Truthout she confirmed as much as the Capitol to testify once more in opposition to HB 1686 as a result of she has a 14-year-old transgender little one. She says she is aware of six different households who’ve left Austin for safer states for transgender individuals and youth after the state started conducting child-abuse investigations of households facilitating gender-affirming look after transgender youngsters, and that her household has thought of leaving as nicely.

She stated that whereas her household has to this point prevented any such investigation, she’s apprehensive about what may occur after the court docket of appeals determines whether a present authorized injunction towards the investigations could proceed to face. “We determined [that leaving is] not for us. That is our residence. We need to reside right here and keep right here,” Perkins instructed Truthout exterior the overflow room for the Public Well being committee listening to.

“We determined [that leaving is] not for us. That is our residence. We need to reside right here and keep right here.”

Perkins was certainly one of a complete of 479 individuals who had signed as much as converse on HB 1686, according to The Dallas Morning News. The committee heard from fewer than 50 earlier than ending public debate at midnight. Dozens of activists who’d waited hours to testify towards the laws staged a die-in simply after debate ended at midnight. Ninety-six p.c of the almost 3,000 individuals who registered their stance against the invoice.

Throughout the nation, not less than 25 anti-trans bills have already handed state legislative chambers, in accordance with the Trans Laws Tracker. The quantity of anti-trans laws to this point in 2023 breaks earlier information, with proposed restrictions turning into extra far-reaching. Georgia became the 10th state to cross a ban on gender-affirming look after trans youth earlier this month, and the primary state that voted for President Joe Biden within the 2020 normal election cycle to take action.

This yr’s flood of anti-trans payments is more and more counting on the prison authorized system to punish not simply transgender and gender nonconforming individuals themselves however those that help and affirm them. Some latest payments threaten felony prices towards docs and fogeys who present gender-affirming look after trans youth. Different payments criminalize mother and father for permitting their youngsters to attend drag exhibits.

LGBTQ rights activists and allies rally in an outside rotunda space of the Texas Capitol on March 27, 2023, inside earshot of a Home Public Well being committee debate on a invoice that might ban gender-affirming look after trans youth.

The payments additionally peddle misrepresentations of transgender well being care and embrace measures that LGBTQ rights advocates and researchers say are unimaginable to implement, resembling a North Dakota invoice that might ban public businesses from referring to individuals by pronouns that don’t correspond to their intercourse assigned at start. The assaults on trans individuals have moved far past restrictions on gender-affirming look after trans youth, and now embrace measures that might power college officers to make use of trans youngsters’ start names and pronouns; ban insurance coverage protection for gender-affirming look after adults; and weaponize obscenity legal guidelines to ban drag efficiency writ massive, resembling Texas’s SB 12.

On the Texas Capitol this week, Perkins identified the stark distinction between this yr’s state-level legislative classes throughout the U.S. from the anti-LGBTQ payments from earlier years, resembling North Carolina’s “rest room invoice” banning transgender individuals from utilizing the general public restroom that aligns with their gender id. The invoice sparked a statewide boycott from the Nationwide Collegiate Athletic Affiliation in addition to a number of corporations and celebrities.

“I don’t know if it’s as a result of now [anti-trans bills] are occurring throughout concurrently all over the place that [companies and organizations] really feel like that’s not a chance to tug out, or they simply don’t care anymore,” Perkins instructed Truthout. “However this seeming lack of help from the bigger American inhabitants as an entire may be very terrifying.”

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