A Review of Anti-Drag Legislation and Its Implications for Drag performers' Mental Health.

Abstract

In the 2023 and 2024 legislative sessions, numerous state-level bills, primarily introduced by Republican lawmakers, were proposed to restrict drag performances under the pretext of obscenity standards defined in Miller v. California and "harmful to minors" standards outlined in Ginsberg v. New York. These legislative efforts are intentionally vague and aim to restrict the freedom of speech and expression of a historically marginalized group. This paper first explores the historical evolution of drag as an art form, tracing its roots in underground LGBTQ+ spaces during eras of discrimination and stigma and documents its transformation into a mainstream cultural phenomenon. It then reviews the definitions of drag provided in these proposed legislative efforts, how they frame such performances within the language of obscenity and harmful-to-minors standards, and the types of penalties imposed. Finally, using the concepts of the chilling effect and the minority stress framework-a psychological theory addressing the unique stressors experienced by the LGBTQ+ community and their impact on mental and physical health-this paper discusses the potential consequences these legislative efforts could have on the mental health of drag performers if enacted.