Texas’ limits on certain drag shows ruled unconstitutional again

A federal judge has once again declared a 2023 Texas law that restricted certain public drag shows unconstitutional. U.S. District Judge David Hittner's decision is the second time the law has been ruled unconstitutional, following an initial ruling in September 2023. The law, Senate Bill 12, was struck down by a federal judge in September 2023 for violating the First Amendment, which protects free speech.

Despite this, the law was briefly reinstated in November 2023 when the 5th U.S. Circuit Court of Appeals overturned the initial ruling and sent the case back to Hittner with specific instructions on how to reassess it. Hittner reaffirmed his earlier decision on Tuesday, stating that the appellate court's decision did not alter his initial ruling that SB 12 was unconstitutional.

The judge criticized the law as overly broad, noting that it could potentially penalize activities like cosplay at conventions, athletes in swimsuits, or impersonators of Dolly Parton and Elvis. Hittner also dismissed concerns raised by opponents that the law specifically targeted drag performances, pointing out that there was no explicit language referencing drag in the law, despite a previous version having such references.

Critics of the law argue that Republican lawmakers portrayed all drag performances as inherently sexual or obscene. Hittner noted that individuals who find drag performances offensive simply need to avoid attending them. Governor Greg Abbott had previously touted SB 12 as a drag ban after its passage in 2023. The judge denied Paxton's request for a supplemental trial and new discovery in the case.

In response to the ruling, Paxton said his office would seek an appeal to protect Texas children and called the decision an affront to Texas values.