By Jane Migliara Brigham

A bill under consideration in the Arizona House would result in a de facto ban on trans expression in public life under the guise of banning minors from seeing drag performances.

The bill is stated to be in opposition to allowing children in view of drag shows. However, the definition of a drag show in this bill is so broad as to criminalize any form of transgender or gender non-conforming expression in any publicly viewable event.

The bill states that offenses under this bill are class 4 felonies, meaning that convictions would result in jail time for the offender.

The relevant text of the bill is as follows:

1. "Drag show performance" means an in-person show or performance, with or without consideration, that includes any of the following:

(a) A person who uses clothing, makeup, costuming, prosthetics or other physical markers to present an exaggerated and stylized gender expression that differs from the person's biological sex or normal gender presentation.

The most relevant words in this text are “differs from the person's biological sex”. This is nothing less than a catch all term to describe any form of expression associated with trans people.

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How strictly such rules would be enforced would depend on how broadly the legal system defines the performance. For example, if performance is taken in the colloquial sense of the word, then it would ban trans expression in any in-person performances where a minor might see it, restricting trans people from any stage where a child might see them.

If performance is taken to mean any form of expression, then it would mean any openly trans person could face felony prosecution for dressing as they please. This bill would then become a ban on trans people in public life.

While the Republican Party has a majority in both the House and the Senate, the state’s governor is a Democrat who will almost certainly veto the bill. In Arizona, a gubernatorial veto needs a two thirds majority in both the House and Senate to be overturned. As a result, the bill does not have a viable path to becoming a law during this legislative cycle.

The bill will be discussed by the House Judiciary Committee tomorrow at 9am local time (11am EST). I will will be covering the proceedings live HERE: