Texas ban on sexually explicit drag shows can be enforced, federal appeals court rules

(The Texas Tribune) -- Texas can enforce a 2023 law that restricts some public drag shows, a federal appeals court ruled Thursday.

Senate Bill 12 prohibits drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. The law would fine business owners $10,000 for hosting such performances, while those who violate the law could be hit with a Class A misdemeanor.

In September 2023, U.S. District Judge David Hittner declared the law unconstitutional, saying that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to think it could affect activities like live theatre or dancing. More than two years later, a three-judge panel in the Fifth Circuit Court of Appeals unblocked the law and returned the case t