A judge has once again ruled that the Texas law restricting certain drag shows is unconstitutional
The new ruling once again suspends enforcement of the law, which had gone into effect in March following a decision by the Fifth Circuit.
File photo of a drag performer
A federal judge has once again ruled unconstitutional a Texas law that restricts certain drag shows in public spaces, once again preventing the state from enforcing the regulation passed in 2023. The ruling was issued Tuesday by U.S. District Judge David Hittner.
According to The Texas Tribune, Hittner had initially ruled Senate Bill 12 (SB 12) unconstitutional in September 2023, just a few months after its passage, finding that it violated the First Amendment. Subsequently, the Fifth Circuit Court of Appeals lifted the injunction blocking the law's enforcement and remanded the case to Hittner for further review in accordance with specific instructions.
Now, the judge reaffirmed his previous decision and noted that the appellate court's ruling had not altered his conclusion that SB 12 was unconstitutional. The new ruling once again suspends enforcement of the law, which had gone into effect in March following the Fifth Circuit's decision.
Hittner found that the law is too broad in the way it defines concepts such as "performance" and "nudity." According to the judge, the law's wording could potentially affect activities not necessarily related to drag shows, such as certain provocative costumes at conventions, performances by impersonators of Dolly Parton or Elvis Presley and even the participation of competitive swimmers.
In his ruling, Hittner held that most situations to which the law could apply are protected by the First Amendment and that the law seeks to prohibit them based on the content and viewpoint of the performances.
A legal dispute that began in 2023
The lawsuit was originally filed against Texas Attorney General Ken Paxton, as well as two counties, three district attorneys and a county prosecutor. Among the plaintiffs were two community organizations, two entertainment groups and Brigitte Bandit, a drag artist and activist in Texas.
Following the Fifth Circuit's intervention, the two community organizations were removed as plaintiffs, leaving Paxton as the sole defendant. Hittner ruled that these changes complied with the instructions set forth by the appellate court.
The law does not explicitly mention drag shows
Texas Gov. Greg Abbott had publicly presented the measure as a ban on drag shows after its passage in 2023, according to Hittner's ruling. Critics of the legislation have taken issue with Republican lawmakers' characterization of drag shows as inherently sexual or obscene.
The law defines certain performances as sexually oriented when they include nudity or sexual conduct, among other elements, and imposes restrictions on certain performances in public spaces or in the presence of minors.
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