It would be a mess, to put it charitably.
Obviously a pervert
Controversy surrounding Senate Bill 12, which aims to restrict “sexually oriented performances” and drag shows to protect minors, has stirred up concerns that it could have far-reaching implications beyond its intended scope.
The Dallas Morning News asked three Texas lawyers specializing in government regulation and constitutional law to take a look at the bill. David Coale of Dallas, William X. King of Houston and University of North Texas at Dallas College of Law professor Brian Owsle, came to the conclusion that the bill is “so broad and vague that it could be interpreted to criminalize a slew of commonplace behaviors.”
Senate Bill 12 was crafted to keep minors from attending what its author, Bryan Hughes, has described as “sexually explicit” performances by drag queens. However, as the bill is drafted, adults who aren’t in drag could also be arrested or fined for anything from dirty dancing to bachelorette parties.
The attorneys argued that the bill includes vague descriptions of new crimes, specifically targets people “exhibiting” as the opposite sex, is overly broad in its definitions of “sexually oriented,” and lacks discussion of an alleged lawbreaker’s intent.
They also warn that the bill could have varying applications depending on the discretion of local prosecutors, making commonplace behaviors potentially criminal affairs depending on the county one is in.
Read on to see five normal current activities that could be threatened by this bill. As is typical with legislation like this, the broadness and vagueness are features. Making people believe that something is illegal, or fear that it might be, is in some ways even better than actually making it illegal, because it’s self-enforced. We’ll see what happens in the House, and then if need be we’ll see what happens in the courts.