Oklahoma AG: HB 1217 doesn’t ban drag shows

Andy Dossett

Bartlesville Examiner-Enterprise USA TODAY NETWORK

Oklahoma Attorney General Gentner Drummond issued a long-awaited legal opinion that clarifies how law enforcement should interpret House Bill 1217 — and it’s not the drag ban some conservatives were hoping for. The opinion, released at the request of Senate Majority Floor Leader Julie Daniels, a Republican from Bartlesville, states drag shows are not inherently illegal and must meet strict legal standards to be considered obscene under Oklahoma law. That finding directly contradicts Oklahoma Gov. Kevin Stitt’s earlier claim that the new law effectively bans drag performed in front of children.

Although not legally binding, attorney general opinions in Oklahoma carry significant weight. They serve as

legal guidance to lawmakers and agency heads,and are often used to interpret state statutes and shape enforcement.

Here are five takeaways from Drummond’s opinion.

1. Drag is not banned by HB 1217

Drummond made clear that HB 1217 does not ban drag shows outright. Instead, he wrote that only performances containing obscene material — as already defined under state and federal law — would violate the statute.

That legal reading contradicts what Stitt said publicly after signing the bill in May 2025. Stitt said in a video posted on social media, “We’re basically banning drag shows in front of kids.” Drummond’s opinion rejects that interpretation.

2. Obscenity has a high legal bar and drag alone doesn’t meet it

Drummond said for a performance to be considered obscene in Oklahoma, it must include specific sexual acts — such as intercourse, masturbation or exposure of genitals — and also meet the three-part obscenity test from the U.S. Supreme Court’s Miller v. California ruling.

That test requires the content to appeal to prurient interest, be patently offensive and lack serious literary, artistic, political or scientific value.

Drag shows, even those with adult themes or innuendo, don’t meet that bar. And as Drummond noted, courts have long held that nudity or provocative attire alone does not constitute obscenity.

3. Obscenity can’t be judged before a show happens

Drummond’s opinion said that whether a performance is obscene can only be determined after the fact, based on the actual content, purpose and context of the show. That means drag events cannot be declared illegal in advance simply because they involve drag.

While drag itself isn’t inherently obscene, Drummond said that certain performances could cross legal thresholds depending on their content.

4. Enforcement of HB 1217 is in local hands

Drummond’s opinion stops short of offering blanket protections for drag. Instead, he writes that determining whether a show violates HB 1217 is a “fact-specific” question for local courts and law enforcement.

As a result, interpretations of the law may differ across Oklahoma — from larger cities like Tulsa and Oklahoma City to smaller communities like Bartlesville, where drag shows have been a flashpoint for years.

5. Opinion counters GOP rhetoric

Drummond avoided political grandstanding and stuck to the law in his opinion— in sharp contrast to Gov. Stitt’s rhetoric on the topic.

The opinion employs contrasting language to those who advocated for HB 1217 as a means to prevent drag in public spaces. It affirms what courts have already made clear: vague, moralitybased laws are not enough to criminalize constitutionally protected expression.

In 2023, a federal judge struck down Tennessee’s drag restriction law as “unconstitutionally vague and substantially overbroad,” warning it enabled “discriminatory enforcement based on viewpoint or identity.” The ruling, Friends of Georges, Inc. v. Mulroy, emphasized that drag performances — even when provocative — fall under First Amendment protections unless they meet strict legal standards for obscenity.

Drummond’s opinion also arrives as he positions himself as a front-runner in the 2026 governor’s race. A recent CHS and Associates poll of likely Republican primary voters showed him with support from more than 40% of respondents — far ahead of former House Speaker Charles McCall, Stitt’s speculated preferred successor. In Oklahoma, where the GOP dominates statewide politics, the Republican primary is often the deciding contest.

Why Daniels wants to know if drag shows were illegal

Daniels formally asked Drummond to weigh in after concerns surfaced over how broadly the law could be interpreted. Although the bill never explicitly mentioned drag, Stitt and other lawmakers promoted it as a crackdown on public drag events, particularly those involving minors.

Daniels, however, told the Examiner-Enterprise the law’s vague language created confusion.

“The law we passed is confusing — some people think we have banned drag performances in public places in front of children, because drag performances are obscene material,” Daniels said. “Some people think we did not do that because the obscene material statute lays out exactly what has to be part of any performance by anybody to be considered obscene.” “I appreciate the Attorney General issuing the opinion and the clarity that it provides,” Daniels told the Examiner-Enterprise after receiving the opinion.

Her district — and specifically the city of Bartlesville — has become a flashpoint in Oklahoma’s drag culture wars.

In recent years, drag events in Bartlesville have drawn protests, petitions and national media attention.

After a 2022 Pride event featured drag performances at Unity Square, conservative activists urged the City Council to ban what they called “adultoriented entertainment” in public spaces.

City Attorney Jess Kane repeatedly warned that banning non-sexual drag performances would likely be unconstitutional. Citing legal defeats in Tennessee, Florida and Montana, Kane told the council that any attempt to restrict drag based on viewpoint or appearance — not conduct — would face immediate legal challenges.

Despite those warnings, public backlash led to a temporary city agreement that restricted drag shows to indoor venues for one year. That deal expired in April 2024. When drag returned to the park in September 2024, it reignited controversy and helped fuel a conservative wave in local elections.

In July, Bartlesville Equality canceled its 2025 Pride Festival amid internal conflict, citing safety and funding concerns. The organization’s board voted to exclude drag from the event, prompting multiple resignations and accusations of capitulation to conservative pressure.

The fallout has deepened divisions within the city’s LGBTQ+ community, with former organizers and allies saying the move feels less like a postponement and more like a retreat. For critics and supporters alike, it’s another sign that the debate over queer visibility — and who gets to define “community values” — is far from over.

“I appreciate the Attorney General issuing the opinion and the clarity that it provides.”

Julie Daniels

Senate majority floor leader (R- Bartlesville)