A federal appeals court has ruled that Texas can enforce a state law restricting "sexually oriented performances," including some drag shows.
The U.S. Fifth Circuit Court of Appeals' Thursday ruling reversed a lower court's decision that said Senate Bill 12 was unconstitutional. The 2023 law bans shows that are "sexual in nature" and performed in front of minors; it can result in fines or jail time for drag artists, as well as fines for venues.
Shortly after the law went into effect, two groups, Abilene Pride Alliance and The Woodlands Pride, Inc., two entertainment companies and drag performer Brigitte Bandit sued to block it, saying it violated their First Amendment rights to free speech. The appeals court ruled the plaintiffs didn't prove they would be impacted by SB12. The law has never been enforced.
"None of the Woodlands Pride conduct introduced at trial arguably amounts to a 'sexually oriented performance,'" Judge Kurt Engelhardt wrote in the decision. "Because Woodlands Pride does not intend to engage in conduct that is arguably proscribed by S.B. 12, it does not have standing to seek an injunction."
In a dissent, though, Judge James Dennis said the ruling "turns a blind eye to the Texas Legislature's avowed purpose: a statewide 'drag ban.'"
A statement from Attorney General Ken Paxton called the federal court's decision "a major victory for Texas kids" and said the state's law is "protecting children from being exposed to sexually illicit content at erotic drag shows."
A joint statement from the ACLU and the plaintiffs in the case said the decision was "heartbreaking for drag performers, small businesses, and every Texan who believes in free expression."
The statement also said the organization is exploring its next steps.
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