Judge Blocks Texas Law Banning Public Drag Performances

U.S. District Judge David Hittner permanently blocked the enforcement of Texas Senate Bill 12 on Tuesday, ruling for a second time that the law restricting sexually oriented performances violates the First Amendment. The 2023 law, signed by Governor Greg Abbott, prohibited such performances on public property or in the presence of minors. Hittner found the legislation unconstitutionally vague and overly broad, noting that its definitions could potentially penalize a wide range of activities, including karaoke, musicals, sports matches, and impersonators of Elvis and Dolly Parton.

Senate Bill 12 was first declared unconstitutional in September 2023, but the 5th U.S. Circuit Court of Appeals vacated that ruling earlier this year, allowing the law to return to effect in March. The current decision follows a rehearing ordered by the appeals court. The lawsuit was brought by drag performer Brigitte Bandit and two production companies, with support from the American Civil Liberties Union of Texas.

Texas Attorney General Ken Paxton, the sole remaining defendant in the suit, denied a request for a supplemental trial and announced an immediate appeal. Paxton described the ruling as a profoundly flawed decision that endangers children. Conversely, the ACLU of Texas and Bandit characterized the ruling as a victory for free expression and a confirmation that the legislature's attempt to ban drag was unconstitutional from its inception.