Texas law banning drag shows where children may be present struck down again

A federal judge has once again ruled against a Texas law that bans drag performances in areas where children may be present. In his ruling, US District Judge David Hittner stated that the law, Senate Bill 12, improperly restricts speech and violates the First Amendment of the US Constitution. Passed in March 2023, the bill prohibits drag performers from engaging in suggestive dancing or wearing certain prosthetics on public property or in front of individuals under 18 years of age.

Advocacy groups had challenged the ban, arguing that it infringed on constitutional rights. The issue first arose in September 2023 when Hittner initially declared the ban unconstitutional, but the 5th US Circuit Court of Appeals later lifted the injunction in 2025, allowing Texas Attorney General Ken Paxton to enforce the law again.

Hittner, who is also running for a US Senate seat against Democrat James Talarico, maintained his opposition to the law. Hittner's ruling allowed individuals who find the described activities offensive to simply choose not to attend them. He cited examples of performers who might be subject to penalties under the law, such as Dolly Parton, who was recently honored with a rhinestone guitar from a plaintiff in the case.

Civil liberties groups, including the Texas chapter of the ACLU, celebrated the decision, emphasizing that drag has historically served as a space for joy and liberation for Texans of all genders.