A House committee is advancing a bill that bans any kind of performance or event considered sexual in state-owned facilities or property.
The bill was originally tailored to ban drag shows, but prime sponsor has broadened its scope.
Rep. Chris Karr, R-Sioux Falls, said state resources should not be used for what he calls ‘lewd’ events. He said his bill follows the U.S. Supreme Court definition of exceptions to the first amendment.
“Saying if it’s lewd and lascivious it’s not protected by the First Amendment. Therefore, why would it be protected on a university campus?” Karr said. “So, we’re just making it clear in our statue to say intellectual diversity does not mean that you can have lewd and lascivious conduct.”
Karr said the Board of Regents and university officials must monitor what’s happening on their campuses. The bill is partly in response to a self-described ‘family friendly’ drag show held by an SDSU student organization last fall.
However, the bill could muddy a 2019 law that protects the ability of student organizations to access and use university facilities regardless of their ideological, political or religious beliefs. Karr voted in favor of that law.
House Bill 1116 bans any kind of program or event in state buildings or property that depicts, describes, or simulates any sexual activity, genitals, nudity, stripping or any performance that might be considered sexual.
Samantha Chapman is an advocacy manager with the ACLU of South Dakota. She said the bill is incredibly broad.
“The fundamental problem that arises when our government tries to mandate or prohibit speech is that it’s necessarily subjected and beholden to the whims of whoever is in the seat of power," Chapman said.
The bill now heads to the House floor. The House State Affairs committee will consider another bill that prohibits minors from attending drag shows.
