Federal Judge Blocks Texas Drag Show Ban, Citing First Amendment

Why it matters locally: This federal court ruling directly prevents the State of Texas from enforcing Senate Bill 12, which aimed to restrict drag performances statewide. The decision impacts the legal framework governing artistic expression and public performances across Texas.

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A federal judge has halted the enforcement of a Texas law that aimed to restrict drag performances, ruling that the legislation violated the First Amendment. U.S. District Judge David Hittner issued the permanent injunction, preventing Texas from implementing Senate Bill 12. Judge Hittner's decision concluded that the state statute represented an unconstitutional restriction on free speech. In his ruling, the judge referenced entertainer Dolly Parton, noting her perspective on individual choice. Senate Bill 12, enacted in 2023, sought to regulate certain drag performances. The law defined performances as those featuring a performer who exhibits a gender identity different from the performer's gender assigned at birth, while dressed in clothing and makeup, and singing, lip-synching, dancing, or speaking. The legislation prohibited such performances on public property or in the presence of minors. Opponents of the law filed a lawsuit challenging its legality. They argued that the restrictions targeted artistic expression and violated free speech protections guaranteed by the U.S. Constitution. The judge's ruling means the state cannot enforce the provisions outlined in Senate Bill 12. This decision impacts the legal landscape surrounding drag performances within Texas.