A federal judge has once again blocked a Texas law that banned drag performances in the presence of minors, citing violations of the First Amendment. The ruling prevents Texas Attorney General Ken Paxton from enforcing the measure.
The ruling upholds free speech protections against state-level restrictions on artistic expression, particularly concerning LGBTQ+ performances, and highlights ongoing legal battles over cultural and social issues in Texas.
A federal judge has once again ruled that a Texas law banning drag performances in settings where children might be present is unconstitutional. US district judge David Hittner stated in a ruling on Tuesday that the measure, known as Senate bill 12, violates the First Amendment by improperly restricting speech.
The law, passed in March 2023, prohibits drag performers from engaging in "sexually-oriented performances" on public property or in front of individuals under 18. Advocacy groups sued the state, arguing the ban infringed upon constitutional rights. Hittner had previously declared the law unconstitutional in September 2023, but it was later unblocked by the 5th US circuit court of appeals in 2025, allowing Texas Attorney General Ken Paxton to resume enforcement.
Paxton, who is running for a US Senate seat, had indicated he would appeal the latest decision. He criticized the ruling as "profoundly flawed" and a threat to children. Hittner's ruling noted the law's broad definitions could potentially impact a wide range of performances, citing examples from Dolly Parton to Lady Gaga and Miley Cyrus. The judge also found the law vague, failing to provide clear notice of what conduct is prohibited.
Civil liberties organizations, including the ACLU of Texas, welcomed the decision, emphasizing the right to free expression for all Texans. Brigitte Bandit, a plaintiff in the case, also celebrated the ruling, stating that "Drag is free speech."