Texas
Appeals court says Texas can enforce drag show ban, suggests not all drag shows violate state law
NEWYou can now listen to Fox News articles!
A federal appeals court has ruled that Texas can enforce a 2023 law that prohibits drag shows in public or when children are present, although the ruling indicates that the judges do not believe all drag shows would be restricted under the measure.
Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. Business owners could face a $10,000 fine for hosting these performances, and performers who violate the law could be slapped with a Class A misdemeanor.
A three-judge panel in the Fifth U.S. Circuit Court of Appeals on Thursday reversed an earlier decision by a district court, returning the case to the district court, according to The Texas Tribune.
In Thursday’s decision, the judges ruled that most of the plaintiffs, which included a drag performer, a drag production company and pride groups, were not found to have planned a “sexually oriented performance,” meaning they could not be harmed by the law that seeks to restrict sexually explicit dances, the outlet reported.
COURT STRIKES DOWN OHIO SCHOOL’S PRONOUN POLICY IN WIN FOR PARENTAL RIGHTS GROUP
Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. (Patrick Lantrip/Daily Memphian via AP, File)
The ruling also suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban.
In September 2023, U.S. District Judge David Hittner ruled that the law was unconstitutional, writing that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to believe it could affect activities such as live theatre or dancing.
Critics of the ban have previously argued that GOP lawmakers were attempting to label all drag shows as sexually explicit, as Republicans continue to target the performances in Texas and several other states.
The court found that performances described by a drag production company are arguably sexually explicit, although the ruling does not specifically state which actions were included.
APPEALS COURT ALLOWS ARKANSAS’ FIRST-IN-THE-NATION BAN ON GENDER TRANSITION CARE FOR MINORS TO BE ENFORCED
The ruling suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban. (Brandon Bell/Getty Images)
“When asked whether the performers ‘simulate contact with the buttocks of another person,’ the owner testified that the performers sit on customers’ laps while wearing thongs and one performer invited a ‘handsome’ male customer ‘to spank her on the butt,’” the ruling said. “When asked whether the performers ‘ever perform gesticulations while wearing prosthetics,’ the owner testified that in 360 Queen’s most recent show, a drag queen ‘wore a breastplate that was very revealing, pulsed her chest in front of people, (and) put her chest in front of people’s faces.’”
Judge Kurt Engelhardt also wrote in a footnote that there is “genuine doubt” that these actions are “actually constitutionally protected —especially in the presence of minors.” He was joined by Judge Leslie Southwick, while Judge James Dennis disagreed.
“That gratuitous dictum runs headlong into settled First Amendment jurisprudence and threatens to mislead on remand,” Dennis wrote in his partial dissent.
The court also removed most of the defendants from the case before sending it back to the district court to reconsider a part of the measure that centers on the Texas attorney general’s job in enforcing the law.
Texas Attorney General Ken Paxton praised the ruling, saying in a news release that he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.”
Texas Attorney General Ken Paxton praised the ruling, saying he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.” (Hannah Beier/Bloomberg via Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court,” he said.
The plaintiffs and the ACLU of Texas, which represents the plaintiffs, described the ruling as “heartbreaking,” adding that they plan to continue fighting the law.
“We are devastated by this setback, but we are not defeated,” they said in a joint statement. “Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”
Texas
Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says
The Texas Rangers and veteran outfielder Andrew McCutchen agreed to a minor league contract on Thursday, a person with knowledge of the deal told The Associated Press.
The person confirmed the agreement to the AP on condition of anonymity because the contract had not been finalized and a physical exam still needed to be completed. The 39-year-old McCutchen would make $1.5 million this season while playing in the major leagues if he’s added to the 40-man roster, the person said.
McCutchen has three weeks of spring training to show the Rangers he’s worth a spot. They’re well-positioned in the outfield with rising standouts Wyatt Langford in left field and Evan Carter in center field and veteran newcomer Brandon Nimmo in right field.
Still, Carter was limited by injuries to 63 games in 2025, so depth is a concern that McCutchen could help alleviate. His right-handed bat could also serve as a natural complement at the designated hitter spot, where left-handed hitter Joc Pederson is slated for the bulk of the playing time.
McCutchen played the last three seasons for the Pittsburgh Pirates, the club that drafted him in the first round in 2005 and promoted him in 2009 for his major league debut. McCutchen played his first nine years in MLB with the Pirates, making five straight All-Star teams and winning the 2013 National League MVP award while becoming one of the most popular players in that franchise’s history.
McCutchen bounced around with four other teams between 2018 and 2022, before reuniting with the Pirates. He played in 135 games last season, with 13 home runs, 57 RBIs and a .700 OPS. When the Pirates reported to spring training last month, general manager Ben Cherington publicly kept the door open to bringing back McCutchen, but the signing of veteran Marcell Ozuna effectively eliminated a spot on their roster for him.
“No matter what, Andrew’s a Pirate and certainly our desire will be to continue to have a really strong relationship with him into the future, whatever that looks like,” Cherington said then.
AP Baseball Writer Ronald Blum contributed to this report.
Texas
More severe weather possible in North Texas on Friday
Texas
Democrat James Talarico wins Senate primary in Texas
AUSTIN, Texas (AP) — James Talarico did not mention Donald Trump when he greeted exuberant supporters at his primary night celebration.
But the newly minted Democratic U.S. Senate nominee in Texas is now a front man for the political opposition to the Republican president, not just in his own state but around the country. With his victory over U.S. Rep. Jasmine Crockett, the state lawmaker from Austin will test whether a smiling message of unity and change is enough to answer voters’ frustrations amid discord at home and now a war abroad.
READ MORE: What to watch in the consequential Senate primaries in Texas
“We are not just trying to win an election,” Talarico told supporters in the Texas capital early Wednesday. “We are trying to fundamentally change our politics, and it’s working.”
The campaign provided “Love thy Neighbor” signs to people in the crowd.
The question for Talarico as he heads into the general election campaign is whether he can generate enthusiasm from voters who opted for Crockett because they saw her as the more aggressive fighter against Trump. Crockett conceded to Talarico on Wednesday morning, saying that “Texas is primed to turn blue and we must remain united because this is bigger than any one person.”
Talarico will need all the help he can get in a Republican-dominated state where Democrats have gone decades without winning a statewide race. He will face either U.S. Sen. John Cornyn or state Attorney General Ken Paxton, who advanced to a Republican runoff on Tuesday.
Conventional political wisdom has it that Talarico was the stronger Democratic candidate in November, especially if Republicans nominate Paxton, a conservative firebrand who has weathered allegations of corruption and infidelity over the years.
WATCH: What’s at stake for Democrats and Republicans in the Texas Senate primaries
Although Democrats are often choosing between moderate and progressive candidates in primaries, they faced a largely stylistic choice in Texas.
Talarico, 36, is a Presbyterian seminarian who quotes Scripture and rarely raises his voice. Crockett, 44, is an unapologetic political brawler who hammers Trump and other Republicans with acidic flourish.
Both have been reliably progressive votes in their current roles and telegenic faces across cable news and social media. Both represent generational change for a party with aging leadership. Each called for a more equitable economy and society. Each talked about bringing sporadic voters into their coalitions.
But Talarico’s broader argument is one that he could have made regardless of whether Trump was in the White House. Talarico’s campaign, he said often, is about addressing a country whose fundamental divide is not partisan but “top vs. bottom.” He regularly assails the rise in Christian nationalism. A former teacher, he has advocated for public education –- and against Texas conservatives’ policies to restrict curriculum and reshape how U.S. history is taught.
“He’s just a good friend and he’s a serious advocate for the disenfranchised and a serious policymaker,” said Lea Downey Gallatin, 40, an Austin resident who became friends with Talarico when they interned together for a congressman.
Crockett promised Democrats that she could increase turnout within the party’s base, while Talarico campaigned on the theory that he could pull new people into the party’s tent.
“I can’t tell you how many have come up to me, whispering that they’re not a Democrat,” Talarico said as he campaigned in San Antonio in the closing days of the primary campaign. “I can’t tell you how many young people have said it’s the first time that they’ve ever voted, and that they are participating for the first time.”
As he strolled through the city, Talarico posed for pictures and greeted the singer of a Tejano band playing nearby. He later spoke to hundreds of people at the historic Stable Hall, a 130-year-old circular structure built for showing horses and now a converted event center. Hundreds more, unable to get into the full event, wound around the corner and along the sidewalk for blocks.
Inside, Lori Alvarez, a 39-year-old who works for a disaster relief nonprofit, said she supported Talarico because “he really listens to what we need.”
“I think he’s going to be able to make change in Washington for us,” said the married mother of three young girls.
Yet that was not what attracted so many voters to Crockett.
Troy Burroughs, a 61-year-old Navy retiree, called Crockett “rugged” and “the only one I see fighting for us.”
He added: “I like how she doesn’t back down from anybody.”
Burroughs said some voters probably saw Talarico as more electable because he is more soft-spoken. But, he said, “We’ve got to get into the gutter with these folks, because that’s where they are.”
Talarico, meanwhile, keeps fighting his own way.
“Tonight, the people of our state gave this country a little bit of hope,” he said Tuesday, “and a little bit of hope is a dangerous thing.”
Barrow reported from Atlanta, Figueroa from Austin, Texas, and Beaumont from San Antonio.
A free press is a cornerstone of a healthy democracy.
Support trusted journalism and civil dialogue.
-
World1 week agoExclusive: DeepSeek withholds latest AI model from US chipmakers including Nvidia, sources say
-
Massachusetts1 week agoMother and daughter injured in Taunton house explosion
-
Wisconsin4 days agoSetting sail on iceboats across a frozen lake in Wisconsin
-
Maryland5 days agoAM showers Sunday in Maryland
-
Florida5 days agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Denver, CO1 week ago10 acres charred, 5 injured in Thornton grass fire, evacuation orders lifted
-
Massachusetts3 days agoMassachusetts man awaits word from family in Iran after attacks
-
Oregon6 days ago2026 OSAA Oregon Wrestling State Championship Results And Brackets – FloWrestling