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Senate Majority Floor Leader Julie Daniels, R-Bartlesville, has requested a formal Attorney General’s opinion on whether public drag performances are considered obscene and therefore, a violation of a new state law.

Daniels said she has spent ample time researching legal questions surrounding public drag performances, particularly when such events take place in front of children. She noted that questions remain about the legality of such performances in light of a new law passed by the Oklahoma Legislature. 

House Bill 1217, which took effect last month, prohibits individuals from performing sexually explicit or obscene acts in public places or areas where minors are present and bans political subdivisions of the state from authorizing such performances on public property. 

“The Legislature has made it abundantly clear that sexually explicit performances have no place in public spaces, especially in front of children,” Daniels said. “Unfortunately, drag shows continue to spark controversy in Bartlesville and across the state, underscoring the need for further legal guidance. I look forward to the Attorney General’s opinion to help clarify how this law should be enforced.”

In her letter, Daniels poses four legal questions to the Attorney General’s Office, including whether drag performances fall under the definitions of “obscene material” or “adult performance” as outlined in HB 1217. She also seeks clarification on whether drag performances in public or in the presence of minors violate the new law. Finally, the request asks if a drag performance is protected speech under the First Amendment and, if so, can cities regulate these performances.