A federal appeals court has ruled that Texas can enforce a state law restricting "sexually oriented performances," including some drag shows.
The U.S. Fifth Circuit Court of Appeals鈥� Thursday ruling reversed a lower court鈥檚 decision that said Senate Bill 12 was unconstitutional. The 2023 law bans shows that are 鈥渟exual in nature鈥� and performed in front of minors; it can result in fines or jail time for drag artists, as well as fines for venues.
Shortly after the law went into effect, two groups, Abilene Pride Alliance and The Woodlands Pride, Inc., two entertainment companies and drag performer Brigitte Bandit , saying it violated their First Amendment rights to free speech. The appeals court ruled the plaintiffs didn鈥檛 prove they would be impacted by SB12. The law has never been enforced.
鈥淣one of the Woodlands Pride conduct introduced at trial arguably amounts to a 'sexually oriented performance,'" Judge Kurt Engelhardt wrote in the decision. 鈥滲ecause Woodlands Pride does not intend to engage in conduct that is arguably proscribed by S.B. 12, it does not have standing to seek an injunction.鈥�
In a dissent, though, Judge James Dennis said the ruling 鈥渢urns a blind eye to the Texas Legislature鈥檚 avowed purpose: a statewide 鈥榙rag ban.鈥欌��
A statement from Attorney General Ken Paxton called the federal court鈥檚 decision 鈥渁 major victory for Texas kids鈥� and said the state鈥檚 law is 鈥減rotecting children from being exposed to sexually illicit content at erotic drag shows.鈥�
A joint statement from the ACLU and the plaintiffs in the case said the decision was 鈥渉eartbreaking for drag performers, small businesses, and every Texan who believes in free expression.鈥�
The statement also said the organization is exploring its next steps.
Priscilla Rice is 四虎影院鈥檚 communities reporter. Got a tip? Email her at price@kera.org.
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