Drummond says he plans to issue formal guidance to law enforcement, vows to prosecute
OKLAHOMA CITY – A newly issued binding Opinion from Attorney General Gentner Drummond declares that “obscene” drag show performances in the presence of children or in a public place are illegal.
“No child should be subjected to the patently obscene and adult performances that are referred to as ‘drag shows,’” Drummond said. “Oklahoma law has changed to ban these types of performances in front of minors, and I have issued a binding opinion that describes clear red lines for when such a display goes from free speech to a punishable crime.”
Drummond’s Opinion notes that whether the drag show is considered “obscene” under the law is “fact specific.”
“Whether a performance contains obscene material requires an analysis of the specific nature of the performance, its content, and its purpose, as well as consideration of the performance in light of relevant community standards,” the Opinion states.
The Opinion goes on to describe detailed statutory definitions of “obscene material” and “sexual conduct,” and includes analysis of relevant Supreme Court precedent.
“It is likely that some drag performances contain sexual conduct…,” the Opinion states, before concluding: “A drag performance done in view of minors or in a public place violates title 21, section 1024.6 (Supp.2025) of the Oklahoma Statutes and is not protected by the First Amendment if it contains obscene material as defined by title 21, section 1024.1 (B)(1).”
Drummond said he plans to issue guidance to law enforcement throughout the state in order to assist their efforts to protect children from being subjected to any obscene material or sexual conduct.
“I will be issuing important guidance to local law enforcement on this topic because I believe it is important they are fully equipped to protect our children from obscene drag performances,” Drummond said. “My office will prosecute anyone in violation of this law.”
Read the full Opinion.
