By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – Drag shows containing obscenity in public places or in front of children are illegal, according to an Oklahoma Attorney General’s opinion released Wednesday.
Oklahoma Attorney General Gentner Drummond said the binding opinion describes “clear red lines” to determine when the performances are free speech or a punishable crime.
Under Oklahoma law, obscene material includes depictions of sexual conduct that meet three criteria, the opinion said.
First, it is patently offensive as determined by the average person applying contemporary community standards, the opinion said.
Second, it appeals to prurient interest in sex as a dominant theme, the opinion said.
Finally, it lacks serious literary, artistic, educational, political or scientific value, the opinion said.
Sexual conduct includes intercourse, sodomy, masturbation, or exhibiting genitals or pubic areas, the opinion said.
Whether specific drag performances meet those elements involves fact questions outside the scope of the opinion, the opinion said.
Drummond said he would be issuing guidance to law enforcement.
The law prohibits individuals from performing sexually explicit or obscene acts in public places or areas where minors are present. It bans political subdivisions from authorizing the performances.
The new law created some confusion, she said.
“I think it was necessary to clarify the issue, and this opinion certainly did do that,” Daniels said.
She said the issue of drag performances in outdoor public facilities in front of children had been a topic of discussion in her community.
