By NV cheerful
First, I would like to introduce this by stating that I am transgender and I strive to provide education to everyone regarding the LGBTQ+ community.
When I first learned about Ohio House Bill 245, I was very upset and concerned that we would once again be doomed to repeat the mistakes of our past. You may have heard this law called the Ohio drag ban. This bill, whose main sponsors were Anglea State Representatives N. King and Josh Williams, was created from a perspective of fear and misinformation.
Many supporters of the bill argued that drag queen performances should be banned in places that children could watch; to protect children from “indecent” entertainment. Many people consider drag queen performances held in public libraries, community parks, churches and other public places inappropriate. In their eyes, they believe that drag is an obscene manifestation of a woke culture and a gender revolution that they desperately want to protect their children from.
First of all, the bill is written in a way that leaves much to interpretation; which is extremely perilous.
The purpose of this Act is to prohibit all activities deemed to be “adult cabarets” in any place other than those deemed to be adult cabarets. They define adult cabaret as: “featuring topless dancers; go-go dancers; exotic dancers; strippers; performers or entertainers who demonstrate a gender identity other than the performer’s or entertainer’s sex assigned at birth by using clothing, makeup, prosthetics or imitations of genitalia or breasts or other physical features; or other similar performers or entertainers providing entertainment that appeals to prurient interests, whether or not the performance is paid for.”
Looking at the language you can see how vaguely it is written; specifically when identifying “artists who demonstrate a gender identity other than the performer’s or entertainer’s sex assigned at birth, through the use of clothing, makeup, prosthetics or imitations of genitalia or breasts, or other physical characteristics.”
This is what is extremely perilous. Not only does legislating and banning drag art from public places violate the First Amendment; however, this phrase could easily be interpreted as introducing a variation of the Three Article Rule that once plagued our country.
For those who aren’t aware, the Rule of Three was a prohibition that never actually existed as law, but was used by police in the early to mid-20th century to discriminate against and harass transgender people and drag performers.
Although there were previously laws against cross-dressing; this rule was applied to people who were deemed to be wearing articles of clothing intended for the opposite sex. According to Anita Dolce Vita of DapperQ: “The person had to wear three pieces of clothing corresponding to the gender they were assigned at birth or they would be arrested. If you were assigned female at birth but were caught wearing pants and a shirt, you could be arrested for failing to wear three pieces of female clothing.”
This principle played a key role in the Stonewall riots and uprising; when those who were targeted resisted truly vile and hateful oppression.
Fast forward to today, this Ohio bill HB 245 and others like it across the country want to bring back the three article rule, but this time make it officially law. If passed into law, Ohio HB 245 would create a society where people would openly question a person’s gender and police the way they present themselves.
This fear of a gender revolution will take us back to the past and bring back the means of oppression.
Let’s be completely sincere, this fear comes from a person’s belief that they should be able to look at a person and know exactly what gender they are in order to know how they should treat them. It would be foolish not to acknowledge that the driving factor behind these anti-LGBTQ laws is not to protect children, but to ensure that everyone follows the standard practice of classic family values and gender roles.
Why else would legislators continue to introduce these bills when time and time again it turns out that the public doesn’t want them? Here in Ohio, the public spoke up and passed a constitutional amendment protecting reproductive rights; after Republican lawmakers passed bills banning almost all abortions. People have spoken out and argued that the choice of what to do with someone’s body is not the government’s, but the person’s.
I am very afraid of the death of Ohio HB 245 because it would create a world where my existence would be illegal.
As a transgender person who was assigned male at birth, I perform feminine every day, wear women’s clothing, and have had gender-affirming surgeries to ensure the congruence of my gender identity and body. Ohio’s passage of HB245 creates an environment in which I could be accused of breaking the law simply for appearing as myself in a public space.
Although I do not dress provocatively or show nudity in public places, the way the law is written opens the door to the possibility that someone could accuse me of indecent presentation of my gender because I do not conform to the gender assigned to me at birth.
While many will argue that this is not the purpose of the bill, it is essential to understand that many times throughout our history the intent behind laws and the way they are implemented may have been very different.
Instead of focusing on legislating and policing LGBTQ+ identity and expression, we must focus on providing education and creating environments where everyone is accepted for who they are. Whether you agree with the LGBTQ+ identity or not, everyone deserves respect for who they are in this world. 🔥
