Federal Judge Rules Texas Ban on Drag Performance Unconstitutional on Free Speech Grounds

A federal judge has ruled that a Texas law prohibiting “sexually oriented performances” in public or places where they may be seen by children is unconstitutional. The law, also known as the “drag ban,” was struck down on the grounds that it violated free speech rights.

U.S. District Court Judge David Hittner issued a permanent injunction against Senate Bill 12, stating that drag performances are considered expressive content and are protected by the First Amendment. Judge Hittner compared opinions on drag performances to opinions on comedy or music genres, emphasizing that personal opinions do not strip away First Amendment protection.

The law was passed in June by Republican Gov. Greg Abbott and aimed to prevent sexually explicit drag performances from being shown in schools, public libraries, and other venues where children may be present. However, similar laws passed in Florida and Tennessee have also been blocked by federal judges in recent months.

The American Civil Liberties Union of Texas, representing plaintiffs such as local pride festivals, entertainment groups, and drag queen Brigitte Bandit, applauded Judge Hittner’s ruling. They celebrated the protection of free expression and declared the ruling as a victory for LGBTQIA+ Texans.

Opponents of the ruling, including Jonathan Covey, the director of policy for the conservative group Texas Values, expressed disappointment and predicted that the decision would be appealed. Covey argued that Senate Bill 12 aimed to protect children from sexually explicit performances, emphasizing that obscenity in front of kids is never appropriate.

In his ruling, Judge Hittner deemed the law “unconstitutionally overbroad” and “unconstitutionally vague,” as it could potentially criminalize a variety of constitutionally protected conduct, such as cheerleading, dancing, and live theater. The judge expressed concern that the law’s provisions left room for interpretation that could lead to the violation of First Amendment rights.

Brigitte Bandit, an Austin-based drag queen, expressed relief and gratitude for the court’s decision. Bandit highlighted the importance of inclusion and reminded lawmakers that queer Texans deserve to be heard and valued.

Despite this ruling, the fight may not be over as the decision is expected to be appealed. It remains to be seen how this legal battle surrounding drag performances will unfold in the future.