Texas Drag Ban Blocked
Federal Judge Rules Texas Drag Ban Unconstitutional and Permanently Blocks Enforcement
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Key Points
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Judge Hittner described SB 12 as “prohibit(ing) huge swaths of constitutionally protected performances” and warned its open-ended language could allow cherry-picking parts of other performances to deem them obscene, illustrating potential absurd implications (e.g., a gymnast in a leotard or Dolly Parton in a low-cut dress).
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Appellate history allowed interim enforcement before reconsideration: the Fifth Circuit initially enabled enforcement while sending the case back for rehearing, and later actions vacated that stance and again returned the case to Hittner for evaluation, with discussions of enforcement resuming in March after a circuit decision.
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The court’s breadth finding extends beyond drag to other performances, listing cosplays, sports matches, cheerleading, dance contests, karaoke, musicals, and art exhibitions as potentially covered under the law due to broad definitions of “sexually oriented performances.”
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Enforcement penalties include potential fines of up to $10,000 for venues and misdemeanor charges for performers, reflecting the law’s tangible economic and legal consequences while courts consider its validity.
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Plaintiffs and advocates emphasize free-expression stakes, with Brigitte Bandit describing drag as a vital form of free expression and the ACLU framing the law as stifling artistic expression and targeting LGBTQ+ Texans; the judge explicitly cited concerns about content-and-viewpoint-based restrictions.
A federal judge in Texas has blocked enforcement of Senate Bill 12, a law banning drag performances in front of minors, ruling it violates the First Amendment Click2Houston. U.S. District Judge David Hittner found the law unconstitutionally vague and overbroad, saying it could ban far more than just drag — including sports, dance, theater, and art exhibitions HoustonChronicle.
The permanent injunction stops Texas from enforcing the law while the case continues through appeals. Judge Hittner warned that the open-ended language could allow prosecutors to cherry-pick parts of innocent performances and call them obscene WCBM.
Why the Judge Called the Law Too Broad
The law uses vague language that sweeps in performances it never explicitly mentions. Judge Hittner said it could ban cosplays, gymnastics in leotards, cheerleading, musicals, karaoke, and even certain ways a performer like Dolly Parton might dress HoustonChronicle. The definitions of 'sexually oriented performance' and 'sexual conduct' are so loose that innocent activities could get caught in the net.
The judge warned the law prohibits 'huge swaths of constitutionally protected performances' Click2Houston. Its wording lets authorities decide what counts as obscene based on the content of the performance, not objective standards. This violates the First Amendment's protection for free speech and artistic expression.
Real Consequences for Venues and Performers
If enforced, Senate Bill 12 would hit venues with fines up to $10,000 and charge performers with misdemeanors WCBM. These penalties threatened drag venues and LGBTQ+ organizations across Texas. The permanent injunction now blocks these consequences while courts continue reviewing the law's validity.
Plaintiffs Say the Law Targets Artistic Freedom
Drag performers and LGBTQ+ groups argued the law silences a vital form of free expression. The ACLU framed it as a tool to single out and restrict performances tied to LGBTQ+ identity and viewpoint HoustonChronicle. Performers like Brigitte Bandit described drag as fundamental free speech that deserves protection under the Constitution.
A Pattern of Legal Setbacks for Texas
This is the second time Judge Hittner has struck down Senate Bill 12 HoustonChronicle. The Fifth Circuit had temporarily allowed enforcement before sending the case back for review. Now courts have again blocked the law, reinforcing that it fails First Amendment tests. Texas can appeal, but the rulings so far consistently reject the ban as unconstitutional.
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