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A federal judge has struck down Texas’ ban on drag performances, ruling that the law is unconstitutional and that those offended by such shows can simply choose not to attend.
The ruling came Tuesday from U.S. District Judge David Hittner, who initially blocked the state’s Senate Bill 12 last year.
The legislation, signed by Governor Greg Abbott in June 2023, sought to prohibit “sexually oriented performances” by imposing civil penalties on businesses hosting drag shows and criminal penalties on performers. The law faced immediate legal challenges and was temporarily allowed to take effect earlier this year while the courts reconsidered the matter.
Judge Hittner reaffirmed his earlier decision, declaring the ban a violation of free speech and permanently barring Texas from enforcing it. “For those who find such activities offensive, the solution is relatively simple … just don’t go,” he stated.
Texas Attorney General Ken Paxton, a U.S. Senate candidate endorsed by former President Donald Trump, criticized the ruling as “flawed” and pledged to appeal, arguing-without presenting evidence-that the law was necessary to protect children and uphold Texas values.
In contrast, civil rights and LGBTQ advocates hailed the decision. Brian Klosterboer, senior staff attorney at the ACLU of Texas, which filed the original lawsuit, said the law was unconstitutional from the outset and stifled free expression statewide.
Brigitte Bandit, a drag performer and plaintiff in the case, expressed relief. “As a lifelong Texan, I’m tired of the state censoring art and fueling hatred against drag artists and the LGBTQIA+ community. No one should be punished for performing drag,” she said, calling for lawmakers to focus on real issues rather than sowing division.
The ruling underscores ongoing tensions over drag performances and free expression in Texas, affirming that constitutional protections remain paramount despite political pressures.