Judge rules Texas’ drag ban unconstitutional

AUSTIN, Texas — A federal judge ruled the Texas law largely targeting drag performances is unconstitutional and issued a permanent injunction blocking the legislation from becoming law.

The ruling stops the state from enforcing Senate Bill 12. Before issuing the permanent injunction, the court previously issued and extended a temporary restraining order, which prevented the law from going into effect Sept. 1.

Senate Bill 12, passed by the Texas legislature and later signed into law by Gov. Greg Abbott, prevented businesses from hosting certain “sexually oriented” performances that would result in a fine up to $10,000. Performers who violated the law would be charged with a Class A misdemeanor, and punished with up to one year in jail and a $4,000 fine. 

“Today’s ruling blocks a law that threatens some of the most cherished First Amendment freedoms we all hold dear,” said Chloe Kempf attorney at the ACLU of Texas. “S.B. 12 attempts to suppress drag artists and the LGBTQIA+ community, and its steep criminal and civil penalties would harm Black and Latinx transgender Texans the most. As the court recognized, S.B. 12 is also vague, over broad, and chills entire genres of performances that are not obscene or inappropriate, from high school Shakespearean plays to the Nutcracker ballet to the Dallas Cowboys cheerleaders.”

The ACLU’s lawsuit was filed on behalf of several Pride organizations in Texas and drag performer Brigitte Bandit. Several members of these groups testified at the Capitol on law threaten their livelihoods and censors their freedom of speech.

“I am relieved and grateful for the court’s ruling,” said Brigitte Bandit. “My livelihood and community have seen enough hatred and harm from our elected officials. This decision is a much needed reminder that queer Texans belong and we deserve to be heard by our lawmakers.”