New Texas anti-drag measure creates confusion over what’s considered ‘drag’

From cheerleaders to "a guy with a codpiece doing hip thrusts," onlookers are confused about what counts as "drag" under an anti-drag law recently passed in Texas.

The Texas Legislature on Sunday passed a controversial measure that aims to deliver on far-right culture war issues, and now policy analysts are trying to assess the new law’s real-world implications if it's signed into law by Gov. Greg Abbott (R).

Originally drafted as a measure to restrict minors from attending, Senate Bill 12 was modified to exclude specific references to drag shows, but the version that passed criminalizes any live performance deemed sexual, The Texas Tribune reports.

Independent journalist Erin Reed tweeted that “The law bans ‘sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics,’” noting that the measure “will target all public drag by calling all drag ‘sexual.’"

“Wonder if it will be used against cheerleaders too,” she added.

At least one public policy expert suggests the law could be invalid.

Aaron Reichlin-Melnick, who serves as policy director at the American Immigration Council, tweeted that the law is on shaky legal footing.

“Void for vagueness and overbreadth coming into play strongly here: hard to define “sexual gesticulations” and “exaggerat[ing] male or female sexual characteristics” to a sufficient degree of particularity,” Reichlin-Melnick tweeted.

“I mean, a guy with a codpiece doing hip thrusts is a criminal under this.”

Austin-based drag performer Brigitte Bandit believes the measure creates additional confusion, telling The Texas Tribune that drag artists don’t wear sexually explicit costumes when they perform before children.

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Bandit said the bill's vagueness has created confusion over what drag performers can legally wear.

"Is me wearing a padded bra going to be [considered] enhancing sexual features?" Bandit told the news outlet.

"It's still really vague but it's still geared to try to target drag performance, which is what this bill has been trying to do this entire time, right?"