HOUSTON — A federal court has declared Texas Senate Bill 12 unconstitutional, blocking Attorney General Ken Paxton from enforcing the law, which seeks to restrict certain drag performances and other “visual performances” that are “sexually oriented.”
On August 25, U.S. District Judge David Hittner granted a permanent injunction against S.B. 12, concluding that the law violates the First Amendment and citing the late Dolly Parton in the ruling.
“Just as many people criticized Elvis's signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for ‘twerking’ on stage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” the ruling states.
Paxton
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple ... just don't go.”
The court originally declared the law unconstitutional in September 2023. In February 2026, the U.S. Fifth Circuit Court of Appeals ruled that the law could take effect for the first time after it had been blocked for over two and a half years while sending the case back to the district court for more analysis.
Hittner reaffirmed that S.B. 12’s definitions are overbroad and vague such that the law potentially limits “countless exhibitions and events with an audience, including sports matches, cheerleading, and dance contests, karaoke, musicals, art exhibitions,” and more – and “a single moment of eroticism could condemn an entire performance to criminal or civil penalties.”
“(The) decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” said Brian Klosterboer, an ACLU of Texas attorney representing the plaintiffs. “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances.
“But all Texans — no matter our gender or background — are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair.”
The ACLU of Texas, along with the law firm Baker Botts, filed the lawsuit in August 2023 on behalf of The Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, 360 Queen Entertainment LLC, and drag performer Brigitte Bandit.
After the Fifth Circuit held that The Woodlands Pride and Abilene Pride Alliance did not have standing, they were dismissed from the lawsuit. Extragrams LLC, 360 Queen Entertainment LLC, and Brigitte Bandit remain in the lawsuit.
U.S. District Court for Southern Texas, Houston Division case number 4:23-cv-02847.
