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Texas drag ban ruled unconstitutional
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
Federal Judge David Hittner ruled Texas' drag ban unconstitutional for second time in three years.
The ruling blocks enforcement, affirming free speech protections for drag performances.
Background
Texas Senate Bill 12, passed in 2023, banned businesses from hosting sexually oriented performances in the presence of minors. The law faced immediate legal challenges, with a federal judge first ruling it unconstitutional in September 2023. After an appeals court allowed it to take effect in 2025, the case was sent back for further review, leading to Tuesday's reaffirmation.
How it unfolded
- Jun 2023Texas Gov. Greg Abbott signed Senate Bill 12 into law, banning 'sexually oriented performances' in the presence of minors.
- Sep 2023U.S. District Judge David Hittner first ruled the law unconstitutional, citing First Amendment violations.
- Nov 2025The 5th U.S. Circuit Court of Appeals unblocked the law and sent the case back to Hittner for reassessment.
- Aug 25, 2026Judge Hittner again declared SB 12 unconstitutional, issuing a permanent injunction against its enforcement.
Who’s saying what
- ACLU
- Brian Klosterboer said the ruling confirms the ban was unconstitutional from start to finish, stifling free expression.
- Judge
- Judge Hittner ruled the law was 'facially overbroad' and 'unconstitutionally vague,' violating the First Amendment.