A federal judge on Tuesday declared Texas’ new law banning some types of drag performances unconstitutional and forbade state officials from enforcing it, the Texas Tribune reports.
U.S. District Judge David Hittner ruled that Senate Bill 12, which barred performers from suggestive dancing and wearing prosthetic enhancements in front of minors, hinders Texans’ First Amendment rights, according to the Tribune’s report.
“The Court sees no way to read the provisions of SB 12 without concluding that a large amount of constitutionally protected conduct can and will be wrapped up in the enforcement of SB 12,” the judge wrote. “It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, dancing, live theater, and other common public occurrences could possibly become a civil or criminal violation.”
The Republican-controlled Texas Legislature passed SB 12 over the objection of Democrats, free speech advocates and drag performers, all of whom argued it was treading on artists’ right to free expression while targeting the LGBTQ+ community for political gain.
“SB12, the Texas drag ban bill, has officially been declared unconstitutional and is BLOCKED, and I am currently ugly crying,” Brigitte Bandit, an Austin drag performer who was a plaintiff in the court challenge, tweeted in response to the ruling.
“LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won,” the ACLU of Texas tweeted. “This work isn’t done but for now we celebrate. Long live Texas drag!”
The judge’s ruling is all but certain to face appeal.
Officials with conservative group Texas Values, which filed a brief supporting SB 12, told the Texas Tribune they plan to challenge the decision. The office of Texas Attorney General Ken Paxton was unavailable for immediate comment, according to the news outlet.
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This article appears in Sep 20 – Oct 3, 2023.
