One anti-drag bill passes, another tabled by South Dakota House State Affairs committee

The South Dakota House State Affairs committee on Monday morning heard two bills limiting minors’ attendance at drag shows, but only one passed, while the other was tabled.

Drag originated in 19th century British theater and has heavy roots in modern LGBTQ+ culture. It is a form of performance and entertainment that challenges assumptions of gender identity and expression.

House Bill 1125, which defines drag as harmful to minors, and makes performing drag for minors a Class 1 misdemeanor, was tabled after votes to kill the bill and to pass the bill both failed.

House Bill 1116 as amended passed in committee and will move to the House floor with a recommendation that it passes. The amendment adds a section to state law prohibiting state agencies, institutions and public school districts from spending public money or using state-owned facilities to develop, implement, facilitate, host, promote or fund any “lewd or lascivious content."

More:South Dakota lawmakers push for 2 bills banning 'lewd' school events as reaction to SDSU drag show

Arguments for and against both bills were limited to 10 minutes each. The bills both came as a reaction to a November 2022 drag show held at South Dakota State University and hosted by the student organization Gender and Sexualities Alliance.

Proponents of HB 1125, like Rep. Scott Odenbach (R-Spearfish) and Florence Thompson, a lobbyist for both South Dakota Parents Involved in Education and South Dakota Citizens for Liberty, argued the bill is about protecting minors, that drag isn’t family friendly and that drag is demeaning to women.

Opponents of HB 1125, like Brookings resident Garrett Satterly and Samantha Chapman, with the ACLU of South Dakota, argued drag is important representation, part of the LGBTQ+ community and its culture. They argued the bill singles out the community and expression.

Odenbach rebutted that the Board of Regents, which was neither a proponent or opponent of either bill, had asked the Legislature for guidance on this issue. Rep. Chris Karr (R-Sioux Falls) said much the same as he brought HB 1116, that the BOR and SDSU were concerned they didn’t have the authority to intervene at the time.

More:South Dakota Regents push for new policy involving minors in wake of drag show controversy

HB 1116 was also supported by Thompson and opposed by Satterly as well as lobbyists for Associated School Board of South Dakota and the large school group, who questioned why the public schools were being involved in this bill and argued the bill was too broad.

The proponents of both bills also shared concerns about the use of taxpayer funds to host the show and any others in the future, but SDSU President Barry Dunn clarified in a Nov. 15 statement the event wasn’t supported by university funds.

This article originally appeared on Sioux Falls Argus Leader: Anti-drag bills see one success, one failure in SD House committee