Federal judge strikes down Texas ban on drag shows again
A federal judge in Houston declared a Texas law that seeks to ban certain drag performances and other "visual performances" unconstitutional for a second time, blocking Attorney General Ken Paxton from enforcing it.
U.S. District Judge David Hittner originally ruled the law was unconstitutional in September 2023. However, in February 2026, the Fifth Circuit Court of Appeals ruled that the law could take effect for the first time after being blocked for the last two and a half years, while sending it back to the district court for further analysis.
According to the Texas Tribune, Hittner reaffirmed his ruling Tuesday, stating in his order that besides removing several plaintiffs and defendants from the lawsuit, the appellate court's decision "did not disturb" his prior decision declaring Senate Bill 12 unconstitutional.
The ruling described SB 12 as overly broad in its definitions of performance and nudity, stating that provocative cosplay at conventions, swimming athletes or Dolly Parton and Elvis impersonators could potentially be penalized under the law.
"The vast majority of the law's numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint," Hittner wrote.
The suit was originally filed against Paxton, two counties, three district attorneys and one county attorney by two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and longtime Texas LGBTQ+ rights activist.
After the appeals court ruling, the two pride groups were removed as plaintiffs and Paxton was left as the sole defendant, which Hittner said satisfied the higher court's instructions.
"Drag has always been a form of free expression, and it is a relief that the court recognized that today," Bandit said after Hittner's ruling. "We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I'm sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us."
SB 12, as adopted into law, contains no language explicitly referencing drag performances; however, a previous version, while in the Legislature, specifically included references to drag performances. Hittner noted in Tuesday's ruling that opponents of drag performances are not obligated to attend them.
"Drag is art, drag is joy, and drag is protected expression," said Brad Pritchett, CEO of Equality Texas. "Lawmakers cannot erase LGBTQIA+ people, and this ruling is a win for all of us!"
