The judicial system has reaffirmed to Texas that its Senate Bill 12 (SB 12) – which would restrict some public drag shows if enforced – is unconstitutional. U.S. District Judge David Hittner initially struck down the law in 2023, but the 5th U.S. Circuit Court of Appeals later revived it and sent the case back to him for reconsideration. Hittner concluded the law violates the first amendment; it’s too broad and could potentially criminalize constitutionally protected performances, ranging from drag shows to cosplay and even impersonations of figures such as Dolly Parton and Elvis. Hittner also emphasized that the law illegally targets performances based on their content and viewpoint. SB 12 also characterizes drag as inherently sexual or obscene, and contributes to a classically conservative brand of fearmongering that demonizes the queer community in the name of protecting children: Anita Bryant’s “Save Our Children” campaign and Florida Governor Ron DeSantis’ Parental Rights in Education Bill (aka: the “Don’t Say Gay” bill) are two infamous examples. Bryant is dead, and hopefully this drag ban is too, although Texas Attorney General Ken Paxton plans to appeal. Get a life, buddy!
Drag Show Ban Overturned, Again
