Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. (Patrick Lantrip/Daily Memphian via AP, File)
The ruling also suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban.
In September 2023, U.S. District Judge David Hittner ruled that the law was unconstitutional, writing that it "impermissibly infringes on the First Amendment" and that it is "not unreasonable" to believe it could affect activities such as live theatre or dancing.
Critics of the ban have previously argued that GOP lawmakers were attempting to label all drag shows as sexually explicit, as Republicans continue to target the performances in Texas and several other states.
The court found that performances described by a drag production company are arguably sexually explicit, although the ruling does not specifically state which actions were included.
Texas Attorney General Ken Paxton praised the ruling, saying he "will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances." (Hannah Beier/Bloomberg via Getty Images)
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"It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court," he said.
The plaintiffs and the ACLU of Texas, which represents the plaintiffs, described the ruling as "heartbreaking," adding that they plan to continue fighting the law.
"We are devastated by this setback, but we are not defeated," they said in a joint statement. "Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good."
https://www.foxnews.com/politics/appeals-court-says-texas-can-enforce-drag-show-ban-suggests-not-all-drag-shows-violate-state-law