Federal judge again blocks Texas law targeting certain drag performances

Judge David Hittner of the U.S. District Court ruled again that Texas’s Senate Bill 12, enacted in 2023 to curb certain public drag shows, infringes on First Amendment protections. The judge noted the law’s vague language could criminalize activities ranging from cosplay at conventions to impersonations of Dolly Parton or Elvis, making it overly broad. After the 5th U.S. Circuit Court of Appeals sent the case back with specific instructions, Hittner’s latest order removed several original plaintiffs and left Texas Attorney General Ken Paxton as the sole defendant.

Brigitte Bandit, a drag queen and longtime LGBTQ activist, expressed frustration that the state seeks to censor artistic expression. Governor Greg Abbott had previously promoted the bill as a “drag ban,” though the final text contains no explicit reference to drag. The judge also denied the Attorney General’s request for additional discovery or a supplemental trial.