HOUSTON – Texas’ so-called drag-show ban law has been struck down by the courts again.
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What’s new:
A federal judge in Houston ruled Tuesday that Senate Bill 12, which came out of the 2023 legislative session, is unconstitutional. He also issued a permanent injunction against enforcement of the law.
The judge found that the ban is an unlawful restriction on speech that violates the First Amendment.
A Drag Queen performs during a show at the Swan Dive nightclub on March 20, 2023, in Austin, Texas. (Brandon Bell / Getty Images)
What they’re saying:
“Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” said Brian Klosterboer, senior staff attorney at the ACLU of Texas. “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background — are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair.”
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What does SB 12 prohibit?
The backstory:
The law outlaws “sexually oriented performances” on public property or in the presence of an individual younger than 18. Under the law, businesses that host these types of shows could be fined $10,000 and performers could be charged with a misdemeanor.
Related
Texas can enforce drag show ban, federal court decides
A Texas law banning certain drag performances which was previously blocked by a federal court will now be allowed to be enforced starting next month.
The back-and-forth
Timeline:
Lawsuits over the law were filed almost immediately after it went into effect on Sept. 1, 2023. The same judge that issued Tuesday’s ruling declared the law unconstitutional that same month.
The ruling was vacated by the Fifth U.S. Circuit Court of Appeals earlier this year. The three-judge panel found that the group suing lacked standing because their drag shows were not erotic in nature and sent the case back down to the lower court for a rehearing. The reversal allowed the law to be enforced starting in March of this year.