A federal judge in Texas has again halted the enforcement of Senate Bill 12, the 2023 law that sought to restrict certain public drag performances. U.S. District Judge David Hittner issued a new order on Tuesday reaffirming his September 2023 ruling that the statute is unconstitutional because it infringes on First Amendment free‑speech protections.
Judge Hittner’s Reasoning
Judge Hittner noted that the law’s definitions of “performance” and “nudity” are overly broad, potentially criminalizing a wide range of expressive activities—from cosplay at conventions to impersonators of Dolly Parton and Elvis. He wrote that the majority of the law’s applications target protected speech based on content and viewpoint, which the Constitution forbids.
The judge also removed several plaintiffs and defendants from the case, leaving Texas Attorney General Ken Paxton as the sole defendant, in line with instructions from the 5th U.S. Circuit Court of Appeals. The appellate court had previously unblocked the law in November but sent it back to Hittner for a more focused review.
Impact on Texas Communities
SB 12 had been promoted by Governor Greg Abbott as a “drag ban,” though the final text of the law contains no explicit reference to drag performances. Critics argue that the legislation paints all drag shows as inherently sexual or obscene, a characterization the judge rejected. “For those who find such activities offensive, the solution is simple: just don’t go,” Hittner wrote, emphasizing that the law cannot compel citizens to attend performances they disapprove of.
Drag performer Brigitte Bandit, represented by the American Civil Liberties Union of Texas, said the ruling protects artistic expression and community joy. “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,” she said.
State Officials Respond
Attorney General Paxton announced on social media that his office will appeal the decision, arguing that the law is needed to protect Texas children. “This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” he wrote.
The case underscores the ongoing tension in Texas between lawmakers seeking to regulate public morality and courts defending constitutional freedoms. While the law remains paused, its future will depend on further appellate review and possible action by the state legislature.
Original reporting: El Paso News (HLL/CB) — read the source article.
