Appeals Court Clears The Way For Texas Drag Ban To Take Effect

The 5th U.S. Circuit Court of Appeals has ruled Texas can enforce a 2023 law that restricts some public drag shows.

From the Texas Tribune:

Senate Bill 12 prohibits drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. The law would fine business owners $10,000 for hosting such performances, while those who violate the law could be hit with a Class A misdemeanor.

In September 2023, U.S. District Judge David Hittner declared the law unconstitutional, saying that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to think it could affect activities like live theater or dancing.

More than two years later in November, a three-judge panel in the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to the district court.

The ruling suggests that the federal judges don’t believe all drag shows are sexually explicit.

Related: Appeal Court Shuts Down Texas A&M Ban On Drag Shows

The vague language of the legislation means drag performances at Pride events could be largely impacted. Here’s my post from 2023.


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