A federal judge has struck down Texas's restriction on drag shows, ruling that the state's Senate Bill 12 infringes upon First Amendment protections. U.S. District Judge David Hittner issued the ruling Tuesday, preventing Texas Attorney General Ken Paxton from enforcing the ban.
Hittner, a Reagan appointee, had previously struck down the law in 2023, but the 5th Circuit Court of Appeals sent the case back with further instructions. The law, if enforced, would have imposed fines of up to $10,000 on business owners hosting drag shows, with performers potentially facing a class A misdemeanor charge.
In his ruling, Hittner addressed those who find drag performances offensive, stating, "The solution is relatively simple . . . just don’t go." He argued that the law's justification, that drag shows appeal to "the prurient interest," was flawed. Hittner noted that "erotic" elements are present in many popular performances, including cheerleading, dancing, and live theater, which could also be subject to penalties under the law's broad language.
He also referenced pop culture icon Dolly Parton, suggesting her performances could be deemed in violation due to her flamboyant style and costumes, which he described as appealing to a "voluptuous sex symbol."
The decision comes weeks after a federal appeals court upheld a Florida law that restricts sexually explicit performances, including many drag shows, for children. That Florida law defines an "adult live performance" by its depiction of nudity, sexual conduct, or lewdness, and its appeal to a prurient interest that is particularly offensive to children, while lacking serious value for their age group.