A federal judge ruled Tuesday that a Texas law designed to restrict drag performances is unconstitutional, citing violations of First Amendment rights. Judge David Hittner, an appointee of President Ronald Reagan, issued the decision striking down Senate Bill 12, which sought to impose civil and criminal penalties for "sexually oriented" performances.
The ruling comes after Judge Hittner originally blocked the law in 2023 shortly after its passage. Texas officials, including Attorney General Ken Paxton, announced plans to appeal the decision to a federal appeals court for a second time. Paxton described the ruling on social media as "profoundly flawed" and stated it "endangers our children."
In his written opinion, Hittner argued that the law was overly broad and poorly defined. He stated that the legislation could potentially affect a wide range of performers beyond drag artists, including ballerinas, gymnasts, and stand-up comedians. The judge noted that the law's language regarding "erotic" elements could apply to mainstream popular performances, referencing the historical criticism of Elvis Presley’s movements and Dolly Parton’s public image.
The scale of this legal challenge involves the second-most populous U.S. state and joins a broader national debate regarding performance regulations. According to the Movement Advancement Project, six states currently have laws that explicitly or implicitly restrict drag performances. The Texas law specifically targeted performances that could be viewed by minors, but the court found its definitions so broad that they risked stifling legal expression in various entertainment sectors.
The knock-on effects of this case include a renewed legal test for how states can regulate adult-oriented content without infringing on constitutional free speech protections. The ruling sets a precedent in the federal district court against broadly worded restrictions on performance art. What happens next is a scheduled appeal by the Texas Attorney General's office to a federal appeals court. The specific dates for these proceedings were not reported, but the state has pledged to move "immediately" to challenge the judge's findings.