Federal Judge Strikes Down Texas Drag Ban As Unconstitutional

A federal judge has ruled that a Texas law limiting public drag performances is unconstitutional and permanently forbids enforcement of the law. Even though the legislation doesn’t cite drag performances by name, it’s been clear that the law conservatives claim is meant to “prevent children from exposure to sexually explicit performances” has been about targeting drag and the LGBTQ community. https://twitter.com/NBCOUT/status/1706790879678058669 NBC News notes that the legislation’s statement of intent begins with and repeatedly points to drag performances as a threat to children. On the day Abbott signed the bill into law, he shared an article about it and wrote, “Texas Governor Signs Law Banning Drag Performances in Public. That’s right.” https://twitter.com/GregAbbott_TX/status/1672817859729162240 More from NBC News:

U.S. District Judge David Hittner, who was nominated by Republican President Ronald Reagan, ruled in favor of the plaintiffs, writing that the law “impermissibly infringes on the First Amendment and chills free speech.”

“Not all people will like or condone certain performances,” Hittner wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

Hittner — who temporarily blocked the law from taking effect last month — added that the “chilling effect S.B. 12 will have on speech in general outweighs any hardship on the State of Texas.”

Noting that drag performances are not inherently obscene, Hittner added that the Texas law was clearly discriminatory and improperly vague. Opponents of the law say it was so broadly written that it could be interpreted as to criminalize acts by pop stars and cheerleaders. https://twitter.com/TexasTribune/status/1706764433664483500 https://twitter.com/ACLUTx/status/1706741190844948577