Why Arkansas Bill SB43 is NOT an Attack on Transwomen
Illustration by Cynthia (@PTElephant).
Just a brief scroll on Twitter after any "anti-trans" bill is signed and you won't be able to see much of anything other than "ANOTHER ATTACK ON THE TRANS COMMUNITY!"
Most of the time, it is accompanied by some publication that is known for inciting hysteria and victimhood in the LGBTQ+ community (*cough* Pink News *cough*) and talking about how horrible these laws are to trans people. Most people who actually read the bills can tell that the writers of those articles didn't read the bill.
So, here we are with another "anti-trans" bill that will hurt "all women".
Allow me to introduce Arkansas SB43. Despite what you may have heard, this bill is not going to outlaw trans people or women based on their makeup or how they dress. This bill does exactly two things: it categorizes drag performances as a part of the category of "adult oriented business", and it specifies the locations that these "adult oriented business" can take place.
As part of this task, as with any law, a word or phrase must be described specifically. In this case, the term "drag performance" must be given a definition. For those who don't understand how these definitions work, the definition must include multiple parts to qualify. These parts are typically "A", "B", etc. If a definition of A or B needs further description, we move on to "i" and "ii".
Now it's time to break down the definition!
SB43 defines a "drag performance" as a performance:
"(A) In which one (1) or more performers
(i) Exhibits a gender identity that is different from the performer's gender assigned at birth using clothing, makeup, or other accessories that are traditionally worn by members of and are meant to exaggerate the gender identity of the performer's opposite sex; and
(ii) Sings, lip-syncs, dances, or otherwise performs before an audience of at least two (2) persons for entertainment, whether performed for payment or not…"
Alright, that was a lot, so let's break it down.
First, a drag performance involves at least one performer, but can be more. Second, a drag performer dresses up as a member of the opposite sex in an exaggerated manner. So, don't worry, Lady Gaga can still perform in Arkansas, even if she wears a meat dress. In addition, it must be performed for entertainment in front of at least two people. So whatever sexual cosplay you do at home between you and your partner is safe too. But more importantly, it doesn't matter if payment is made to the performers.
Alright, the next part of this definition is important:
"(B) That is intended to appeal to the prurient interest…"
The key word here is prurient. Oxford Languages defines prurient as "having or encouraging an excessive interest in sexual matters."
So, in order for something to be considered a drag performance, it must have an excessive sexual aspect. That can include performing in revealing clothing, topics of conversations, jokes, songs, or dances. This means that for trans people dressed in normal clothes, you are safe. No one is coming after you.
The last portion of the bill states that locations of adult oriented business cannot be in public places, and it cannot be held in places where a minor could look in that direction and see the adult business activity. So if you were showing off your porn collection on the TVs in the windows of your business, you cannot do that anymore.
It's important to note it is not just drag performances that will be subject to this. The bill already lists other adult oriented businesses, such as adult arcades, adult cabaret, escort agencies, nude modeling studios, and massage establishments that offer adult services. This is not exclusive to drag shows.
The important takeaway of this bill is that it is to protect children from adult content. This is not a bill intending to harm trans people. It is not a bill condemning drag performers. It is keeping adult content for adults and child content for children. Anyone who says otherwise is, at best, misrepresenting the facts.
I encourage you to read the bill yourself. You can download a copy of the bill here.
