Law Banning Certain Drag Shows Unconstitutional

This week, a federal judge in Texas struck down Senate Bill 12, a bill that restricted what could be performed in front of minors, for being unconstitutional. This latest ruling was celebrated by groups like the American Civil Liberties Union, which co-filed the original lawsuit against the law.

This is the second time that Judge David Hittner ruled SB 12 was too broad for enforcement. Earlier this year, the Fifth Circuit Court of Appeals ruled the law could take effect but sent it back to the district court for further deliberation.

SB 12 passed in the Texas legislature in 2023. Businesses that were found to be in violation of the law could face $10,000 in fines and performers were potentially looking at up to a year in jail.

In his ruling this week, Judge Hittner reiterated that those in Texas who object to performances, like drag shows, have an easy resolution. “For those who find such activities as described in this case offensive, the solution is relatively simple… just don’t go,” wrote Hittner.

The drag performer Brigitte Bandit, an original plaintiff in the case, praised the ruling. “No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us,” they said in a statement.

Attorney General Ken Paxton called the ruling a “profoundly flawed decision that endangers our children and is an affront to Texas values.” He also said he would be appealing.