South Carolina lawmakers have advanced the Defense of Children’s Innocence Act, legislation that classifies businesses hosting drag shows as sexually oriented establishments and makes it a felony to allow minors to view such performances. The bill, introduced in the state’s 126th General Assembly, represents a growing trend among states seeking to regulate events featuring gender-diverse performers.

The law, if signed by the governor, will make South Carolina one of the strictest states in the nation regarding drag performances and their accessibility to minors. It would impose penalties of up to 10 years in prison and a $5,000 fine on individuals convicted of allowing minors to view a drag performance. This includes categorizing drag shows as “harmful to minors” under existing statutes, equating them with explicit material such as pornography.

The bill defines drag shows as performances where individuals “exhibit a gender identity different from their gender assigned at birth” and engage in acts of entertainment, including singing, dancing, or lip-syncing. It specifies that such performances are considered harmful if they emphasize nudity, semi-nudity, or sexual activities.

Under the law:

• Businesses hosting drag shows will be classified as sexually oriented businesses, subject to strict local regulations.
  Minors are prohibited from attending drag shows or viewing them in any capacity.
• Public funding for drag shows is explicitly barred, extending to any entity receiving state funds, including public schools and libraries.
• Violations are criminalized as felonies, carrying severe penalties upon conviction.
• Additionally, the law mandates the immediate cessation of state funding for institutions found to have hosted drag shows, even if such funding is commingled with private resources.

Supporters of the act argue that it serves to protect children from exposure to performances they deem inappropriate. State Senator Jack Johnson (R-Franklin), a vocal advocate for the legislation, framed the measure as a safeguard for preserving traditional family values.

“Parents have the right to shield their children from content that undermines their innocence,” Johnson said in a statement. “This law ensures our communities reflect the values we hold dear.”

The bill’s sponsor, former State Representative Patsy Hazlewood, emphasized that the legislation is designed to prevent the exploitation of minors. “This is about protecting our children from being subjected to content that is harmful and inappropriate for their development,” she stated.

Opponents of the bill argue that its broad and vague language poses significant threats to free speech and artistic expression. Civil liberties groups and LGBTQ+ advocates warn that the law could be weaponized to stifle dissenting views and marginalize queer communities.

“The definition of ‘harmful to minors’ is so nebulous that it could easily be expanded to suppress a wide range of artistic and political expression,” said Chris Mercer, director of the South Carolina ACLU. “This is a dangerous precedent that could chill free speech far beyond its intended scope.”

Critics also note parallels with other recent state legislation targeting drag performances and LGBTQ+ rights, expressing concern that such measures contribute to a broader climate of discrimination.

The Defense of Children’s Innocence Act comes just days after South Carolina effectively banned pornography by invoking similar “harmful to minors” language. These back-to-back legislative moves signal a broader push to regulate morality-based content in the state, with significant implications for artistic, educational, and digital freedoms.

Advocates for civil liberties are particularly wary of how loosely defined terms in such legislation can be applied to restrict other forms of expression, including art, sexual health education, and political activism.

“This law is a gateway to censorship,” said Maya Delgado, a spokesperson for the LGBTQ+ advocacy group Equality Now. “It prioritizes ideology over evidence and risks marginalizing communities already underrepresented in public spaces.”

The legislation now awaits the governor’s signature, which, if granted, would make the law effective immediately. Critics are preparing to challenge the measure in court, citing its potential violations of the First Amendment and its disproportionate targeting of LGBTQ+ performers and events.

As states across the country continue to grapple with the balance between free expression and the protection of minors, South Carolina’s Defense of Children’s Innocence Act stands as a flashpoint in an increasingly polarized cultural and legal debate.

You can view Bill 3381 here.