A federal judge has once again ruled against Texas’ efforts to restrict certain drag performances, finding that a 2023 state law violates the First Amendment and cannot be enforced.
Details on the ruling and the original law for Texas drag shows
U.S. District Judge David Hittner’s Tuesday ruling blocks Texas Attorney General Ken Paxton from enforcing Senate Bill 12, which imposed penalties on businesses hosting certain drag performances and the performers involved. Hittner, a Reagan appointee, also denied Paxton’s request for a new trial, NBC News reported.
Under the law, business owners found in violation could face fines of up to $10,000, while performers could be charged with a Class A misdemeanor punishable by up to one year in jail.
The decision marks another turn in the years-long legal battle over the legislation. Hittner previously declared the law unconstitutional in September 2023, but the 5th U.S. Circuit Court of Appeals sent the case back to him last November and lifted the pause, allowing it to take effect again last year, per NBC News and the Texas Tribune.
Judge Hittner says Texas went too far
After reconsidering the statute under the appeals court’s instructions, Hittner again found that Texas had gone too far in attempting to regulate drag performances.
He also had a blunt message for people who are offended by drag shows: “Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” Hittner wrote, per the Texas Tribune.
His ruling also referenced Dolly Parton, whose death was announced Tuesday. Hittner used the singer as an example of how broadly the law could be interpreted, noting that someone could characterize Parton as a “voluptuous sex symbol” because of her “big hair, flamboyant clothes and breast exposure.”
“There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner wrote, according to NBC News.
Drag queen performer Brigitte Bandit celebrates the ruling
Brigitte Bandit, a drag queen and longtime Texas LGBTQ+ rights activist, was one of several plaintiffs mentioned in the case. She also impersonates Parton in her performances and spoke out about how she and others have used their platforms to bring joy to others.
“We use our performances to assert liberation, power, and joy with our community,” Bandit said in a statement provided by the American Civil Liberties Union, which represented the plaintiffs, according to the Texas Tribune. “As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
The judge stated further that the law was overly broad and could potentially subject activities such as “cheerleading, dancing, live theater, and other common public occurrences” to civil or criminal penalties.
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