LGBTQ+ groups, drag queens and Texas business owners testified at a federal district court in Houston on Aug.28 to challenge Senate Bill 12, commonly referred to as Texas’ drag ban.
With its scheduled implementation on Sept. 1, this legislation poses a direct threat to the livelihood and creative expression of numerous Texans, notably including drag performers. The new law is set to go in motion unless a federal judge blocks it. At its core, the bill takes aim at public performances perceived as “sexual” in nature, where minors may be present. Adding further gravity to the situation, the bill introduces potential criminal penalties, potentially subjecting artists, business owners, and their supporters to up to a year in jail.
The contention surrounding SB 12 is rooted in the broad and ambiguous language encompassing the legislation, which critics argue could potentially censor constitutionally protected performances that extend beyond the realm of drag. These performances could encompass diverse forms, from Broadway productions to professional cheerleading dances, and a variety of events attended by individuals under 18.
Also, business owners who host such performances could face substantial fines of up to $10,000. Meanwhile, performers themselves could be charged with a Class A misdemeanor, carrying penalties as severe as a year of imprisonment, a $4,000 fine, or both.
Bryanna Jenkins, a prominent civil rights attorney, trans activist, and educator, stands among the voices staunchly opposing the bill within the Houston community. As the community grapples with multifaceted challenges, she has emerged as a diligent advocate and protector of trans individuals, actively working to safeguard their rights.
The Defender had the privilege of conversing with Jenkins, delving into the profound implications of the bill on the lives of Black trans individuals in Houston.
Defender: What should our readers know about this bill?
Bryanna Jenkins: I’m a board member at the Mahogany Project. I’m also the national organizing director for the Lavender Rights Project, which is an advocacy organization led by Black trans women and femmes based out of Seattle, Washington. I also self-identify as a Black woman of trans experience. Since the announcement of the law, it has definitely impacted Black trans folks in Houston who do drag. It’s a significant number of Black trans women who do drag for their career. It’s their livelihood that will risk being impacted by this law.
I know a lot of them work in bars and events that are 21 and up, but I’ve also seen them do events where anybody could be there. The reality is somebody will have interaction with the police and will likely be arrested. Black trans women who are already likely to face targeting by police for simply being what they are, laws like this increase the opportunity for police to have interaction with Black bodies in this way under the guise of upholding the law.
At the Mahogany Project, they have created the drag fund which received grants and they’re also raising money so that they can directly redistribute it to trans performers who have been impacted by this bill.
This law is an affront to people whose gender identity is outside of traditional gender norms. Historically in this country, particularly when we think about Black women, just women who are not transgender typically tend to fall outside of those norms. When we think of how Black women entertainers are routinely sexualized and politicized especially when we think of performers from Houston like Beyoncé and Meg Thee Stallion. Just them being able to express their gender and sexuality makes some people uncomfortable and empowers somebody who wants to use this law to oppress them and say, “Hey, this is too sexual. Let’s get the police involved.” Even though the law isn’t explicitly saying that, these are a lot of the same arguments that the foundations of SB 12 are using to target the LGBTQ community.
Defender: But drag performance isn’t anything new. Why is it being seen as a threat now?
Jenkins: It’s not new, but it’s an easy target. It’s a distraction tactic. We’ll put all this energy and effort into doing this instead of actually doing stuff that’s actually going to protect kids, like gun reform, like having cities have actual control over their school districts… tangible stuff that actually protects kids. These people say they are worried about kids and how they’re going to develop, which, in my opinion, is a load of BS. They are pretending like we’ve done something for the sake of rallying your base ahead of election year in 2024.
Defender: As an activist, how has the art of drag performance impacted your life?
Jenkins: I’m someone who enjoys going to drag shows. I’ve lived in Houston for about a year, and one thing that I’ve respected about Houston is they have a really big drag scene. There’s shows here every night of the week. There are a lot of Black trans women and femmes that are institutions here. I think of Roxanne Collins, Tommy Ross, and Opulent Mirage. These are Black trans women who have been here for years. They are legends and icons who created income for themselves in a world that discriminates against us, is powerful. These women are bosses and masters of their art form. I’m not a performer, but that’s empowering for me to see.
Defender: With this bill, do you foresee major changes to businesses that support drag performances?
Jenkins: It could limit other opportunities for those who work in bars that are over the age of 18 or 21. Drag race is popular. It’s starting to come out of the clubs and in other avenues to make money, like birthday parties and corporate events, and that could be shaky. Those who’ve scheduled drag performances at their events might not be able to do that because nobody wants to be fined. Nobody wants to go to jail. Also, there is a risk of not knowing what the police are looking for. Even when you think you are safe in the Montrose area, it only takes one interaction or somebody who’s emboldened to come into the area and create a problem. We also have to think about security when they go to certain places because people these days feel radicalized and disrupt shows, confront people with guns and try to intimidate performers.
Nobody is talking about insurance companies that cover these bars. If this law goes into effect, that’s gonna affect people’s ability to remain insured. Once drag shows become illegal, insurance companies have the power to decide not to cover these bars, which could result in the bar closing down.
Defender: Is there anything else that our readers should know?
Jenkins: They need to know that drag isn’t anything new. There is a long history of drag performers and it’s heavily associated with Black people. One of the first major drag performers was William Dorsey Swann, a Black drag queen from the late 1800s who organized drag balls. RuPaul is one of the most famous Black drag queens around. Even the 80s singer Sylvester, I wouldn’t say he was a drag queen, but there are elements of drag culture in Black culture. There are Black leaders who are always organizing to make sure we have what we need. That’s why the Mahogany Project’s Drag Defense Fund is a thing. Performers can apply right now. If you don’t identify with this community but would like to support it, you can do so.
