As Ohio advances a bill to ban drag performances in public, Kentucky’s recent history shows that similar legislation has already been tried and failed.
The Ohio House members approved House Bill 249 on Wednesday, March 25, which would prohibit drag performances in the presence of minors, placing them under the same restrictions as other adult-oriented entertainment. The bill now moves to the state Senate for consideration. If approved there, it would go to the governor’s desk for a signature.
Could a similar bill come to Kentucky? Well, similar legislation was tried in Kentucky in 2023 with Senate Bill 115 and in 2024 with SB 147, but both ultimately failed.
SB 115 originally focused on banning drag shows and other so-called explicit performances from taking place within 1,000 feet of residences, parks, schools and other locations. The bill then shifted to a new version focused on banning performers from public performances where kids could be present, such as libraries and public parks.
That bill’s primary sponsor, Sen. Lindsey Tichenor, a Republican from Smithfield, said to the Senate Veterans Military, Public Affairs, and Public Protection Committee in 2023, “For some reason, people want this type of content in front of children, and I would dare ask, ‘Why, why do we need to sexualize our children? ‘”
Similar language appears in Ohio’s HB 249. It would prohibit “adult cabaret performances” outside of designated adult venues. The bill would ban such performances in locations where minors could be present, including Pride events, parks and libraries.
Michael Wilson, who performs as Molly Mormen across Ohio and Kentucky, has been a drag performer for nearly 14 years. Mormen moved to the area from Utah, where she grew up Mormon, hence the name. After coming out and losing contact with her parents for five and a half years, Mormen came to NKY in search of community and found drag.
She performed exclusively for charity for a couple of years before building a following and getting booked at local bars and other venues as a paid performer.
Aside from performances in NKY and Cincinnati, Mormen has performed in places like Monroe, Ohio; Toledo, Ohio; Cleveland, Ohio; Lexington, Ky. and Louisville, Ky. She also hosts NKY Pride and is hosting Boone County Pride this year.
“What I will say is kind of different between the Northern Kentucky scene and the Cincinnati side of the river is that, I think there’s a little bit more of an eagerness to welcome entertainers from all different areas and surrounding areas, (in NKY) and to really celebrate those who maybe aren’t as local and specific to the area,” Mormen said. “We’re here to celebrate all of us and to give voices in ways that really celebrate the diversity of our community. I’m not saying that doesn’t happen on the Cincinnati side, but I feel like there’s a little bit more of an openness to bring kind of that southern hospitality that maybe ends at the river.”
SB 115 in Kentucky would have empowered the state’s attorney general, as well as county attorneys and individual citizens, to bring suit against a business that operates in violation of the law. It would also apply the same treatment to other enterprises it views as harmful to children, including adult cabarets, escort services, adult movie theaters and shops selling sexually explicit materials.
Under the proposed legislation, across the river with HB 249, individuals found in violation of restrictions on performances deemed “harmful to minors” could face up to 180 days in jail and a $1,000 fine. The offense would be classified as a first-degree misdemeanor, but could rise to a felony for repeat offenders.
Mormen said a bar venue is already limited to 18 or 21-plus, and she questioned what exactly these bills were trying to stop from happening other than public displays, which would mean canceling drag performances at things like Pride festivals. Mormen further said that if a parent doesn’t want their child to be somewhere, then it is the parent’s responsibility to manage that with their child.
“I can promise you that if you look at what is happening now and the sheer quantity and volumes of predators and people who assault others, especially children and other vulnerable communities, it is not drag queens,” Mormen said. “Let’s look at the folks who are actually committing those crimes and being charged with those charges.”
After the Senate passed the bill in 2023, NKY Sen. Gex Williams, a Republican from Verona, said on the Senate floor that the bill was about love for children, a sentiment he expressed earlier in the session.
“I think if you look at this bill, you see it’s for the love of children,” Williams said after the VMAPP committee, where SB 115 passed in 2023.
Mormen said drag performers have existed before these bills, and they will still be here even if the bills pass.
“The idea of those who are performing and genders that they are not necessarily assigned at birth has been around for millennia,” Mormen said. “You look at Shakespeare, you look at Kabuki, you look at these cultures that existed for hundreds, if not 1000s of years, before our country even was on the map.”
Mormen said the minute people start worrying about what people wear outside the character of their person, how they learn, how they carry themselves day to day, it tells her more about society than it does about the people these bills are trying to target.
On the practical side of things, while Mormen holds a master’s degree and has a successful career outside of drag, she said the world is very expensive, between student loans, bills and the cost of living. Drag allows her to express herself, but it also helps bring in extra cash on the side.
“It’s a part of who I am, but it’s also that career that helps me live as a person,” she said. “It helps pay for my bill. So having this constant fear year after year after year of whether or not I’m going to be able to continue to survive and live and pay my bills based on the model that’s been established for me can be very, very terrifying.”
After SB 115 passed the Senate, it was sent to the Kentucky House and referred to the House Committee on Committees. It was then returned to the Committee on Committees and stalled there.
In 2024, Tichenor had a reworked version of SB 115 with SB 147. The focus of the bill was regulating “adult-oriented businesses” and sexually explicit performances. The bill once again passed the Senate and advanced in the House, but stalled and died before becoming law.
Mark Payne and Noah Jones’ reporting contributed to this story.
