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Texas drag ban court case
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
Federal judge David Hittner blocked Texas' drag show ban as unconstitutional. The ruling tells offended people to 'just don't go'.
Background
Texas Senate Bill 12, signed in June 2023, banned 'sexually oriented performances' in the presence of minors. It was challenged by drag performers and entertainment groups, leading to a legal battle. After an initial ruling against it, an appeals court sent it back for review, and now the district court has again declared it unconstitutional.
How it unfolded
- Jun 2023Texas Gov. Greg Abbott signed Senate Bill 12 into law, banning 'sexually oriented performances' via civil and criminal penalties.
- Aug 2023ACLU of Texas and Baker Botts filed a lawsuit on behalf of The Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, 360 Queen Entertainment LLC, and drag performer Brigitte Bandit.
- Sep 2023U.S. District Judge David Hittner initially declared SB 12 unconstitutional, citing First Amendment violations.
- Nov 2025The 5th U.S. Circuit Court of Appeals unblocked the law and sent the case back to Hittner with instructions for reassessment.
- Aug 25, 2026Judge Hittner again ruled SB 12 unconstitutional, issuing a permanent injunction against enforcement and denying Paxton's motion for a new trial.
Who’s saying what
- Court
- The law's definitions are overly broad and constitute content and viewpoint discrimination, violating the First Amendment.
- Plaintiffs
- Drag performer Brigitte Bandit called the ruling 'a relief,' saying the law stifled free expression and made people afraid to attend drag shows.
- State
- Texas Attorney General Ken Paxton's office has defended the law in court, arguing it protects minors from sexually oriented performances.