Ohio’s Drag Ban Is Hate Legislated

The recent push for drag ban legislation in my home state of Ohio—most notably through House Bill 249, the so-called “Indecent Exposure Modernization Act”—represents a calculated assault on the First Amendment and the lived realities of the LGBTQ+ community. By intentionally conflating the centuries-old art form of drag with “obscenity,” this legislation seeks to relegate gender-expansive expression to the shadows, effectively criminalizing the simple act of existing in public while gender non-conforming. For artists, this bill is a “sledgehammer” used in place of a scalpel; its vague and overbroad language creates a chilling effect that threatens not just drag queens, but actors, theater companies, and any performer whose costume or character doesn’t strictly align with their sex assigned at birth should they be in the presence of children or outside of a “sexually oriented cabaret.” That term alone is degrading and incorrect, as queer spaces like lounges, bars, and clubs are not sexually oriented, they are community safe spaces that the Ohio legislator is attempting to label as obscene. There’s nothing obscene about a minority group of people gathering together in a place of joy and fun. Drag performers would be prohibited from appearing in Pride parades, library story hours, and hired parties.

Furthermore, the bill serves as a targeted strike against transgender and non-binary Ohioans. By defining “adult cabaret performances” based on physical markers like clothing or makeup that differ from “biological sex,” the state is essentially attempting to legislate a narrow, exclusionary definition of personhood. Legally, the bill is a constitutional train wreck; it violates the bedrock principle that the government cannot censor speech simply because it finds the speaker’s identity or message distasteful. Like similar bans that have already been struck down in other states, this legislation ignores the Supreme Court’s established obscenity standards in favor of state-sponsored discrimination, masquerading as “protection” while actually endangering the safety, livelihood, and fundamental rights of some of Ohio’s most vibrant and vulnerable citizens.

Beyond the legal and social implications, this legislation strikes a personal chord regarding the preservation of cultural history, as drag performers have been a constant and vital presence within my photography portfolio for decades. Capturing these artists is about more than just documenting a performance; it is about witnessing the courage it takes to transform identity into a public art form. My archives serve as a testament to the fact that drag is an essential thread in our social fabric, offering a profound study of human expression that deserves protection rather than erasure. To ban these performances is to demand the scrubbing of a rich, vibrant history that I, and many other documentarians, have spent a lifetime honoring through the lens.

The two authors of the bill are State Representative Angela “Angie” King (REPUBLICAN-Celina, District 84) and State Representative Josh Williams (REPUBLICAN-Sylvania, District 41).