Federal Judge Again Overturns Texas Drag Show Ban, Citing First Amendment

A federal judge has for the second time declared Texas Senate Bill 12, a law restricting public drag shows, unconstitutional. U.S. District Judge David Hittner initially struck down the law in September 2023, but the 5th U.S. Circuit Court of Appeals later unblocked it and remanded the case with instructions. On Tuesday, Hittner reaffirmed his ruling, finding that the law's definitions of performance and nudity are overly broad and could penalize activities such as cosplay at conventions, swimming athletes, and impersonators of Dolly Parton and Elvis. The law, which had gone into effect in March, is now paused again. The ruling notes that Governor Greg Abbott touted the bill as a drag ban, though the final version does not explicitly mention drag. The lawsuit was originally filed against Texas Attorney General Ken Paxton and other officials by two community pride groups, two entertainment groups, and drag queen Brigitte Bandit, represented by the ACLU of Texas. After the appellate court's decision, the pride groups were removed as plaintiffs, leaving Paxton as the sole defendant. Hittner also denied Paxton's request for a supplemental trial. Paxton vowed to appeal, calling the decision flawed and an affront to Texas values. Bandit expressed frustration with the state's attempts to censor art and stoke hatred against the LGBTQIA+ community. Hittner's order includes the remark that those who find such performances offensive can simply choose not to attend.