A federal judge declared the law banning drag shows in Texas "unconstitutional." In the order - which is expected to be appealed by the state attorney general, Ken Paxton - the decision is justified because the law violates the right to freedom of expression recognized by the First Amendment and, in addition, it is written too imprecisely to be understood or applied.
"This is no different from a person's opinion on certain comedy or genres of music"
Judge David Hittner agreed with the criteria presented by the LGBT activist groups that took SB12 to court, arguing that "Not all people will like or condone certain performances. This is no different than a person's opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection."
Furthermore, the order said, "the chilling effect that SB12 will have on freedom of expression in general outweighs any difficulty for the State of Texas."
On the other hand, Hittner criticized the wording, saying that, although the law does not mention the term "drag," the legislators' intention was explicit. He also criticized that the law is too broad and its wording too vague, which could lead to the prohibition of common activities "such as cheerleading, dancing, live theater, and other common public occurrences” and “any performance in public that is deemed to violate SB12."