Appeals Court Permits Texas to Enforce Restrictive Law on Drag Shows
An appeals court on Thursday upheld a Texas law that limits certain performers, including those using sexual prosthetics, as part of efforts to regulate drag shows.
Background of the Law
The law, known as S.B. 12, permits local governments to regulate “sexually oriented” performances to protect public health, safety, and welfare. It also prohibits children from being near such performances.
Official Statements
“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” Texas Attorney General Ken Paxton said. “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.”
Paxton described the appellate court's ruling as a “victory” in protecting children from “erotic” drag shows.
Opposition and Legal Challenges
Several drag and LGBTQIA+ organizations filed lawsuits challenging the law. They argued it is “sweepingly overbroad and vague” and violates First Amendment rights by unfairly targeting drag performances as a disfavored form of expression.
The groups stated in their complaint that the law “unconstitutionally singles out drag performances as a disfavored form of expression.”
Summary
The court's decision allows Texas to continue enforcing S.B. 12, maintaining restrictions on drag shows aimed at protecting children and public welfare, amid ongoing legal disputes.
Author's note: This ruling highlights the ongoing tension between state regulation of public performances and First Amendment rights concerning drag and LGBTQIA+ expression.