Federal Judge Again Blocks Texas Drag Show Ban

A federal judge has, for the second time, struck down a Texas state law banning drag performances in settings where children may be present. In a ruling issued Tuesday, US District Judge David Hittner said Texas cannot enforce its drag show ban, determining that the measure improperly restricts speech and violates the First Amendment of the US Constitution.

Texas Senate Bill 12, passed in March 2023, bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children, and prohibits 'sexually-oriented performance' presented in the presence of an individual younger than 18. Advocacy groups sued the state after the bill's passage, arguing the ban infringed on constitutional rights.

Judge Hittner had initially declared the ban unconstitutional in September 2023, but the 5th US Circuit Court of Appeals unblocked the law in 2025, returning the case to the judge. This allowed Texas Attorney General Ken Paxton to resume enforcing the law earlier this year, according to The Guardian.

In his latest ruling, Hittner wrote that the law is 'unconstitutionally vague,' adding that performers ranging from Dolly Parton and Elvis Presley to Miley Cyrus could have been subject to penalties under the law if their performances were seen as 'erotic.' He also noted that there are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties under the law.

Hittner wrote that because the term 'prurient interest in sex' is open-ended, the law can be used to cherry-pick particular aspects of performances that might be 'in some sense erotic,' and that its broad terms could cause everyday activities like cheerleading, dancing, and live theater to be regarded as civil or criminal violations. He concluded that the law failed to give a reasonable person notice of what is prohibited.

For those offended by such performances, Hittner offered a simple solution: 'just don't go.'

Reactions and Appeal

Texas Attorney General Ken Paxton, a Republican running for the US Senate, called the ruling 'a profoundly flawed decision that endangers our children and is an affront to Texas values' and said he would appeal. Paxton's office had defended the law, which also banned 'the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics' in public, or in venues where people under 18 may see it.

Civil liberties groups welcomed the ruling. The ACLU of Texas stated: 'Drag has a rich history as a refuge of joy and liberation for countless Texans, and it's not going anywhere.' Brian Klosterboer, senior staff attorney at the ACLU of Texas, which represented the plaintiffs, said: 'Today's decision confirms that the Legislature's attempt to ban drag performances was unconstitutional from start to finish.'

Brigitte Bandit, a plaintiff who impersonates Dolly Parton, celebrated on social media, saying 'Drag is free speech, b----.' She announced she would perform as Parton at an Austin bar Saturday in her honor.

In his ruling, Hittner referenced Dolly Parton, who died on Tuesday, citing people who would chastise her 'as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.'

Opponents of the law criticized it as too broad and said it was explicitly intended to target LGBT performers, as reported by the Jerusalem Post.