Texas’ limits on certain drag shows ruled unconstitutional again

U.S. District Judge David Hittner has once again ruled that Texas' restrictions on certain drag shows are unconstitutional, this time declaring Senate Bill 12 (SB 12) unconstitutional for the second time. The law, which went into effect in March, was initially deemed unconstitutional by Hittner in September 2023, citing First Amendment violations.

However, the 5th U.S. Circuit Court of Appeals unblocked the law in November 2023, returning the case to Hittner with specific instructions on reassessment. Despite removing several plaintiffs and defendants from the lawsuit, Hittner reaffirmed his original decision, stating that the law's overly broad definitions of performance and nudity would likely penalize a wide range of constitutionally protected activities, such as cosplay and impersonations.

The suit was filed by two community pride groups, two entertainment groups, and drag queen Brigitte Bandit, with the two pride groups ultimately removed as plaintiffs after the 5th Circuit's ruling.

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