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May 31, 2025  |  
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Kaelan Deese, Supreme Court Reporter


NextImg:Texas 'drag' show bill aimed at curbing explicit performances ruled unconstitutional

A Texas federal judge on Tuesday issued a permanent injunction against a state law that restricts "sexually oriented" performances, including public drag queen performances.

U.S. District Judge David Hittner argued the law, known as Senate Bill 12, is a restriction on First Amendment protections "as incorporated to Texas by the Fourteenth Amendment of the United States Constitution," according to a 56-page ruling. The judge put the law on temporary hold one day before it became effective on Sept. 1.

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While the Texas law doesn't mention drag shows verbatim, Lt. Gov. Dan Patrick, a Republican, said the bill would block "sexualized performances and drag shows in the presence of a minor."

The state attorney general argued drag performances are not protected under First Amendment grounds and that the law is "content neutral" so as not to target such shows. But Hittner found that while "drag" is not mentioned, the intent behind the framers of the bill shows it was explicit.

The American Civil Liberties Union of Texas represented local LGBT groups, businesses, and a performer involved in the suit and celebrated the decision on Tuesday.

"LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won," the ACLU of Texas said in a social media post. "This work isn’t done but for now we celebrate. Long live Texas drag!"

The Tuesday ruling created friction in the state after another federal judge ruled last week that a Texas university's cancellation of a drag show on campus didn't violate free speech rights.

A similar law in Tennessee, the first state restriction on public drag performances, was also ruled unconstitutional.

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If the Texas law were enacted, the "exhibition or representation, actual or simulated, of male or female genitals in a lewd state" and "the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics" would have been restricted from public properties or in the presence of someone under the age of 18.

Violations of the law would incur $10,000 for hosting such performances, and drag queens would face a Class A misdemeanor, punishable by up to a year in jail and a fine of $4,000.