Federal Judge Invalidates Texas Drag Show Ban as Unconstitutional Restriction on Free Speech

U.S. District Judge David Hittner invalidated Texas Senate Bill 12 on Tuesday, determining that the state’s prohibition on drag performances constitutes an unconstitutional violation of First Amendment rights. The Reagan-appointed jurist’s decision prevents Texas Attorney General Ken Paxton from implementing the law and denies his request for a new trial in the matter.

The contested legislation authorized penalties of up to $10,000 against business operators who hosted drag events, while performers themselves faced potential class A misdemeanor charges. Hittner’s ruling marks the second time he has rejected the law since 2023, when the 5th Circuit Court of Appeals previously remanded the case with additional guidance on adjudication.

In addressing those who object to such performances, Hittner offered what he characterized as a basic remedy: abstinence from attendance. “The solution is relatively simple … just don’t go,” he wrote in his decision.

The state had argued the drag show ban was justified based on performances’ appeal to “prurient interest.” Hittner dismissed this rationale, noting that numerous mainstream entertainment activities including cheerleading, theatrical productions, and dancing contain comparable erotic elements that could similarly face civil or criminal penalties under the statute’s language.

Hittner cited entertainer Dolly Parton as an example, suggesting her performances would meet the law’s definition of prohibited content given her status as a cultural figure associated with particular aesthetic choices. The Texas ruling arrives weeks after a federal appeals court upheld a Florida law restricting children’s access to sexually explicit performances, including many drag shows.