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Federal judge declares Texas drag ban unconstitutional

Cream Puff (Izzie Weaver) reads to children at a story time event in central Texas.
Izzie Weaver
Cream Puff (Izzie Weaver) reads to children at a story time event in central Texas.

Federal judge, David Hittner, ruled that Senate Bill 12, which would limit performers from dancing "suggestively," or wearing prosthetics in front of children, infringes on the First Amendment.

Izzie Weaver has performed as a drag queen for nearly three years in central Texas.

Izzie is passionate about education. One of their favorite pastimes is reading to children as their character, Cream Puff.

IZZIE: “I would definitely say that her character developed over time, but the title of Cream Puff came along with the start of my drag journey.”

But when Senate Bill 12 was introduced into the Texas legislature, Izzie’s world shifted.

IZZIE: “It was definitely a lot of fear. Because being involved in drag and getting into the drag community in Central Texas, meeting people from all over the country, the truth of it is that drag isn’t just, you know, a beloved art form that we all love to participate in. For a lot of people, it also is their livelihood. So the thought of anything like that being taken away from myself or these people who I love very dearly, it was really disheartening."

Senate Bill 12 sought to limit performers from dancing suggestively or wearing certain prosthetics in front of children.

In its original version, the bill sought to classify all drag show performances as sexual performances, and would criminalize any show that was deemed as “sexually explicit.”

The unclear terminology of the bill, which would technically criminalize events such as bachelorette parties, theater productions, or Pride events, led Judge David Hittner to declare the legislation "impermissibly infringes on the First Amendment and chills free speech."

He also expressed concern that the law was based on viewpoint discrimination, and was unconstitutionally overbroad and vague.

Texas Lieutenant Governor, Dan Patrick, made a public statement on X, formally Twitter, which said, “SB 12 which restricts children from being exposed to drag queen performances, is about protecting young children and families. This story is not over.”

This statement suggests Republican legislators will continue to enforce laws surrounding the restriction of drag shows.

Yet as the news of this ruling spreads throughout the Waco drag community, LGBTQ+ members and organizations are sharing a sense of relief and celebration as drag artists in Waco can now continue to pursue their craft without restrictions.

IZZIE: “Doing drag in Texas is a very bold thing, a very brave thing. And I think specifically doing drag in central Texas, you know Temple, Killeen, Belton, Waco, I think that also is a very brave and bold thing that we often face a lot of backlash over. I think that anger and hatred and misunderstanding being labeled as unconstitutional really just sort of puts the nail in the coffin.”

For 103.3 Waco Public Radio, I’m Autumn Jones.