Court finds Texas drag show law unconstitutional. ‘Long live Texas drag!’ TX ACLU says

Eleanor Dearman
·2 min read
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A new Texas law restricting drag performances in front of children is unconstitutional, a federal court in Houston ruled Tuesday.

“VICTORY: A federal judge has declared Texas’ drag ban unconstitutional,” the ACLU of Texas said in a social media post. “LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won. This work isn’t done but for now we celebrate. Long live Texas drag!”

U.S. District Judge David Hittner found that the law violates the First Amendment, the right to free speech. Attorney General Ken Paxton and other defendants in the case cannot enforce the law, Hittner wrote in his order.

The policy had been temporarily blocked from taking effect ahead of its Sept. 1 start date.

The law bars businesses from hosting “sexually oriented” performances when a minor is present.

The bill doesn’t reference drag shows or performers explicitly, but says “the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics” is considered “sexual conduct.”

Opponents have also argued that the bill’s broadness could affect other types of shows, like cheerleading and theater performances.

The state could appeal the ruling. Lt. Gov. Dan Patrick suggested that’s a possibility in a Tuesday afternoon social media post responding to the court’s opinion.

“#SB12, which restricts children from being exposed to drag queen performances, is about protecting young children and families,” Patrick said in the post on X, formerly called Twitter.

“This story is not over,” he said.

The challenge to the state law was brought by the ACLU of Texas other plaintiffs against the Texas attorney general, the city of Abilene, the districts attorneys in Travis and Bexar counties, and Montgomery County and Taylor County and their district attorneys.

The suit is separate from a similar lawsuit aiming to block the law where the North Texas Gay Lesbian Bisexual Transgender Chamber of Commerce is a plaintiff.