A Senate committee on Tuesday amended a House bill that would prohibit drag performances in public and K-12 libraries in the presence of minors without parental consent.
As originally drafted, House Bill 67 by House Majority Leader Scott Stadthagen, R-Hartselle, applied to K-12 schools as a whole, not just school libraries.
That led some high school theater programs to voice concerns about potential impacts to plays and productions, in which a role might need to be played by an actor of a differing gender identity.
“What the amendment does is limit the effectiveness of this bill to where the problem is occurring,”said Sen. Chris Elliot, R-Josephine, chair of the Senate County and Municipal Government Committee.
The committee ultimately voted 5-3 to advance the bill to the Senate, setting up potential passage of the law in the waning days of session, although the changes made in the second chamber would require a concurrence from the House.
Several transgender individuals spoke out against the bill during a public hearing Tuesday, saying that it could ban them from public libraries based solely on the clothing they choose to wear.
“Where is the line between what I’m wearing today and drag? Is my beard drag, since it’s a male physical marker, the very hair that grows out of my face? The answer to that question in this bill is left entirely up to libraries to determine individually,” Zephyr Scalzetti asked the committee.
Versions of the bill have long been challenged by critics as likely to face Constitutional challenges in court.
“Whether you call this a drag ban, a crossdressing ban, a masquerade law or a three article rule, courts have ruled these laws unconstitutional for 50 years,” said Chris Hathcock.
Sen. Merika Coleman, D-Birmingham, said the law is overly vague, giving the example of her sorority sisters putting on a play—which, by nature, would mean any male roles being portrayed by sorority sisters—in the public library.
Democrats on the committee all voted against the bill, with Sen. Kirk Hatcher, D-Montgomery, calling the bill “shameful.”
It could now appear on the Senate calendar on any of the four remaining legislative days. The Senate returns to the chamber on Thursday, May 1.
