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Now, Texas Republicans are seeking to use the same legal mechanism in their all-out assault on gender variance. Since its passing, copycat laws have abounded, given the legislation’s ability to evade federal court challenges by relying on civil lawsuits. The abortion law deputized private citizens to sue anyone suspected of helping a person obtain an abortion, with the promise of a $10,000 reward for successful cases. When Texas lawmakers passed Senate Bill 8 in 2021, effectively banning abortion in the state, they introduced a novel legislative approach for running roughshod over constitutional protections: sanctioned vigilantism. The bill is a rehash of a strategy used against abortion in the state.

If passed, the law is certain to shut down family-friendly drag events and library story hours, but it threatens all gender-nonconforming performers, and even events like Pride. But given that Texas Republicans are at this very moment attempting to pass a law defining any venue that hosts a drag performance as “a sexually oriented business” - including restaurants - it’s clear that “lascivious” provides no limit to the bounty hunter bill.

The inclusion of “lascivious” might suggest that the bill is only aimed at performances in venues that already exclude minors, like nightclubs.

The proposed legislation defines “drag” as any “performance in which a performer exhibits a gender that is different than the performer’s gender recorded at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs in a lascivious manner before an audience.” There is, however, something particularly barbaric in the bill’s explicit encouragement of citizen harassment to drive gender variance out of public life. Given Republicans’ relentless legislative attempts to erase trans and gender nonconforming people, a new bill in Texas that LGBTQ+ advocates are describing as the “drag bounty hunter bill” may seem like a drop in the ocean.

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