{"id":1023912,"date":"2026-08-25T21:35:29","date_gmt":"2026-08-25T21:35:29","guid":{"rendered":"https:\/\/www.europesays.com\/us\/1023912\/"},"modified":"2026-08-25T21:35:29","modified_gmt":"2026-08-25T21:35:29","slug":"federal-judge-rules-texas-drag-ban-is-unconstitutional-prohibition-of-free-speech","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/1023912\/","title":{"rendered":"Federal judge rules Texas’ drag ban is unconstitutional prohibition of free speech"},"content":{"rendered":"

\"\"\u201cDragtivist\u201d Brigitte Bandit, a plaintiff in the case, said drag is a vital form of free expression. Credit: Instagram \/ Brigitte Banditt<\/p>\n

A Texas law banning drag performances\u00a0in the presence of minors can\u2019t be enforced because it\u2019s an unconstitutional restriction on free speech, a federal judge decided Tuesday.<\/p>\n

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 \u201csexually oriented performances\u201d in the presence of anyone under 18-years-old.<\/p>\n

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\u00a0sent the case back to the district court for further review and ruled the law could take effect in the meantime.<\/p>\n

The lower court finished its analysis, and in Tuesday\u2019s ruling reaffirmed that SB 12\u2019s definitions are so broad and vague that they could result in bans on events \u201cincluding sports matches, cheerleading, and dance contests, karaoke, musicals, and art exhibitions.\u201d<\/p>\n

\u201cToday\u2019s decision confirms that the Legislature\u2019s attempt to ban drag performances was unconstitutional from start to finish,\u201d ACLU of Texas Senior Staff Attorney\u00a0Brian Klosterboer said in a statement. \u201cDrag has a rich history as a refuge of joy and liberation for countless Texans, and it\u2019s 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.\u201d<\/p>\n

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.<\/p>\n

\u201cAs a lifelong Texan, I\u2019m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community,\u201d Bandit said. \u201cNo 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.\u201d<\/p>\n

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