On Tuesday, US District Judge David Hittner permanently blocked a law restricting drag performances from being enforced in the state of Texas. It’s the second time in three years Hittner has deemed the law unconstitutional.
A suit was first filed in 2023 by LGBTQIA+ activist and drag queen Brigittie Bandit, as well as two entertainment groups and two pride groups, against Texas Attorney General Ken Paxton, a one county attorney, and two counties three district attorneys.
Senate Bill 12 is meant to restrict select sexually oriented performances from taking place in front of children or on public property in Texas. Hittner struck it down initially for being too broad to uphold, but a federal appeals court overturned his decision in 2025. In March 2026, the law briefly took effect while the lawsuit was sent back to Hittner for a secondary review.
Now, Hittner has doubled down on his original decision, stating that SB 12 is simply too vague to be enforced, and any effort to do so would likely be a restriction of an individual’s constitutional rights. Hittner said, “The vast majority of the law’s numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint.”
He added, “A single moment of eroticism could condemn an entire performance. There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under SB 12.” For businesses permitting “sexually oriented performances” to take place on public property, up to $10,000 in fines could be amassed for violating this law. Performers themselves would also be subject to Class A misdemeanors, which carry up to a $4,000 fine and a potentially year-long stint in jail.
The law was deemed too broad to be enforced
While Senate Bill 12 itself doesn’t specifically mention drag as being legally problematic, the Legislature did previously use the law to reference drag performances. The way the law is written basically states that any “visual performance” that includes behaviors that “appeal to the prurient interest in sex” are in violation of SB 12. For US District Judge David Hittner, these terms do nothing to explicitly state what is and isn’t okay.
He mentioned that the broad nature of these definitions could lead to any number of people being charged with fines and violations, including cosplayers, impersonators, and athletes. In terms of drag performances, Hittner said plainly, “For those who find such activities as described in this case offensive, the solution is relatively simple — just don’t go.”
Texas Attorney General Ken Paxton is still arguing that Hittner’s ruling “is an affront to Texas values,” and that Paxton “will appeal this decision immediately and continue to fight to protect our kids.” For LGBTQIA+ activist and drag performer Brigitte Bandit, though, Hittner’s ruling is a win with a capital W.
Bandit wrote in a statement, “Drag has always been a form of free expression, and it is a relief that the court recognized that — We use our performances to assert liberation, power, and joy with our community. 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.”
This article first appeared on Good Info News Wire and is republished here under a Creative Commons license.
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