“Dragtivist” Brigitte Bandit, a plaintiff in the case, said drag is a vital form of free expression. Credit: Instagram / Brigitte Banditt
A Texas law banning drag performances in the presence of minors can’t be enforced because it’s an unconstitutional restriction on free speech, a federal judge decided Tuesday.
U.S. District Judge David Hittner ruled in favor of a drag performer and two drag production companies who sued to overturn Senate Bill 12, a Republican-backed measure designed to block organizations from hosting what it called “sexually oriented performances” in the presence of anyone under 18-years-old.
The U.S. District Court for the Southern District of Texas originally declared the law unconstitutional in September 2023. However, earlier this year, the conservative-dominated Fifth Circuit Court of Appeals sent the case back to the district court for further review and ruled the law could take effect in the meantime.
The lower court finished its analysis, and in Tuesday’s ruling reaffirmed that SB 12’s definitions are so broad and vague that they could result in bans on events “including sports matches, cheerleading, and dance contests, karaoke, musicals, and art exhibitions.”
“Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” ACLU of Texas Senior Staff Attorney Brian Klosterboer said in a statement. “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances.”
Plaintiff Brigitte Bandit, an Austin-based drag performer and activist, said in a statement that drag is a vital form of free expression for the LGBTQ+ community, whom lawmakers have unfairly targeted.
“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,” Bandit said. “No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us.”
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