Arkansas Republicans Rewrite Anti-Drag Bill to Target All 'Adult-Oriented Performances'

Arkansas Republicans Rewrite Anti-Drag Bill to Target All 'Adult-Oriented Performances'

LITTLE ROCK, Ark. — The Arkansas House endorsed Senate Bill 43 on Monday, after Republicans amended it to shift the focus of the legislation from restricting “drag performance” to restricting all “adult-oriented performances” in the state.

The amended bill, originally filed by Sen. Gary Stubblefield (R-Branch), passed 78-15 with two voting present, and now returns to the state Senate.

As XBIZ reported, Democratic state senators and LGBTQ+ advocates in Arkansas had raised concerns that SB 43 would limit the rights of transgender people and also redefine the legal concept of “prurient interest,” which is at the core of recent Republican attempts to reinstate obscenity prosecutions.

Although the amended bill no longer singles out shows “in which at least one performer exhibits a gender identity that is different from the performer's gender assigned at birth,” it expands the restriction based on a performance’s “appeal to the prurient interest.”

The amended SB 43 “looks a lot different than it initially did,” the Arkansas Times noted, adding that “the bill got completely overhauled in a House committee after Attorney General Tim Griffin apparently signaled that it was not likely to hold up in court.”

The bill now prohibits minors from attending any “adult-oriented” performance, which it defines as a performance intended to “appeal to the prurient interest and that features a person who appears in a state of nudity or is semi-nude; the purposeful exposure, whether complete or partial, of a specific anatomical area, or prosthetic genitalia or breasts; or a specific sexual activity.”

Fear and Loathing of 'San Francisco'

Co-sponsor Rep. Mary Bentley (R-Perryville) told the House that without the bill, it was not illegal for a child to go to a strip club, although as the Arkansas Times explained, “it effectively is because of alcohol laws.”

Before the vote, Bentley read a letter from a man who claimed he had “retired from the military with his family to Batesville because it was far away from the corrupting influences of big cities.” But after the Arkansas town held a Pride event, which according to the letter featured “a drag show in which genital areas were exposed,” the man now feared that small-town Arkansas would end up “becoming San Francisco.”

Dissenting, Rep. Tippi McCullough (D-Little Rock) told the House that it was problematic that “prurient” was not defined in the bill. The term is not currently defined in Arkansas law either, but Stubblefield — like other Republican lawmakers across the country — wants it defined as “showing excessive interests in sexual matters.”

Republicans Seek to Revive Obscenity Prosecutions

Last month, Gov. Sarah Huckabee Sanders (R) endorsed the previous, anti-drag version of SB 43 and told the press she would sign the bill because she believes it “protects the children of Arkansas.”

Republicans throughout the country are seeking to outlaw all adult content by overturning the 1973 “Miller Test” differentiating First Amendment-protected sexual material from illegal “obscene” material produced to appeal to “a prurient interest.”

The United States does not currently have a national definition of obscenity. Jurisprudence has established the Miller Test, which has been a legal standard in federal courts for a half-century.

Last December, Sen. Mike Lee (R-Utah) introduced the Interstate Obscenity Definition Act (IODA), a bill that nominally aims to “establish a national definition of obscenity” but which would, in effect, outlaw all online sexual content nationwide.

Main Image: Arkansas State Sen. Gary Stubblefield (R-Branch) (Photo: Arkansas Senate)

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Byborg Acquires Gamma Entertainment

Luxembourg-based Byborg Enterprises SA has acquired 100% of Canadian adult conglomerate Gamma Entertainment.

Adult Creative Debuts 'Pornful' Website Management Platform

Web design and marketing firm Adult Creative has launched its new Pornful website management platform.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

XBIZ Honors Uplifts Spirits Amid Challenging Times for LA and the Adult Industry

"A bunch of misfit toys." That’s how MojoHost founder Brad Mitchell described himself and his industry peers at the 2025 XBIZ Honors ceremony at Hollywood’s Kimpton Everly Hotel. Everyone cheered in agreement. Frankly, they wouldn’t have it any other way.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Show More