U.S. District Judge David Hittner issued a Texas drag show law ruling on Tuesday, again declaring Senate Bill 12 unconstitutional and pausing enforcement of the Texas law. The order once more stops Texas from enforcing restrictions on some public drag shows.
Hittner said the court’s earlier ruling was not disturbed by the 5th U.S. Circuit Court of Appeals, which had unblocked the law in November and sent the case back for another review. He also wrote that the vast majority of the law’s numerous applications violate the First Amendment because the performances it affects are constitutionally protected and are targeted based on content and viewpoint.
Hittner and Senate Bill 12
Hittner first declared Senate Bill 12 unconstitutional in September 2023, a few months after the Texas Legislature passed it. His latest order again pauses the law, which had gone into effect in March after the appellate court’s decision. The ruling describes Senate Bill 12 as overly broad in its definitions of performance and nudity.
That breadth reaches beyond drag performances. Hittner said the law could also reach provocative cosplay at conventions, swimming athletes, or Dolly Parton and Elvis impersonators.
Ken Paxton and the plaintiffs
The lawsuit was filed against Texas Attorney General Ken Paxton, two counties, three district attorneys and one county attorney by two community pride groups, two entertainment groups and Brigitte Bandit. After the 5th U.S. Circuit Court of Appeals acted, the two pride groups were removed as plaintiffs and Paxton became the sole defendant. Hittner said that change satisfied the higher court’s instructions.
Brigitte Bandit, a drag queen and longtime Texas LGBTQIA+ rights activist, said, “We use our performances to assert liberation, power, and joy with our community.” She also said, “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.”
Greg Abbott and the next step
Hittner’s ruling notes that Greg Abbott touted Senate Bill 12 as a drag ban after its passage in 2023. The court’s renewed order leaves Texas unable to enforce the law again, but the 5th U.S. Circuit Court of Appeals response is not laid out in the record before Tuesday’s ruling.
For now, the operative change is simple: the law is paused again, and the restrictions tied to some public drag shows cannot be enforced while Hittner’s ruling stands.
