District court judge rules Texas’ drag show ban unconstitutional
Aug. 26 (UPI) — A U.S. district court has blocked Texas from banning drag performances as unconstitutional, ruling that the solution to the problem is for those who find such events offensive to just not attend.
Texas Gov. Greg Abbott signed Senate Bill 12 into law in June 2023 to ban “sexually oriented performances” via civil penalties on businesses that host them and criminal penalties on performers.
It has been debated in the courts since, with a court ruling it unconstitutional in 2023 and an appeals court in February allowing it to take effect while sending the case back to the district court for review.
On Tuesday, U.S. District Judge David Hittner, a Reagan appointee who issued the 2023 ruling, declared Senate Bill 12 an unconstitutional restriction on speech and ordered that the state be permanently enjoined from enforcing it.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” Hittner said.
Texas Attorney General Ken Paxton, who is running for the U.S. Senate with President Donald Trump‘s endorsement, called the ruling in a statement “flawed,” arguing without proof that it will endanger children while being “an affront to Texas values.”
“I will appeal this decision immediately and continue to fight to protect our kids,” he said online.
Meanwhile, civil rights and LGBTQ advocates celebrated the ruling.
“Today’s decision confirms that the legislature’s attempt to ban drag performances was unconstitutional from start to finish,” Brian Klosterboer, senior staff attorney at the American Civil Liberties Union of Texas, which filed the original lawsuit in August 2023, said in a statement.
“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.”
Brigitte Bandit, a drag performer and a plaintiff in the case, said the ruling was “a relief.”
“As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us.”
