Brigitte Bandit is one of the plaintiffs in the lawsuit.
NEW ORLEANS – The ACLU of Texas says it will not stop until a law banning sexually oriented drag shows is “struck down for good.”
On November 6, the U.S. Court of Appeals for the Fifth Circuit reversed a lower court ruling blocking Senate Bill 12, a Texas law restricting “sexually oriented performances,” including certain drag shows.
Although S.B. 12 was declared unconstitutional two years ago, the law is now in effect.
In September 2023, a federal district court found the law violated the U.S. Constitution and issued a permanent injunction preventing it from taking effect statewide. The Fifth Circuit, however, determined that S.B. 12 only applies to drag shows that are “sexually oriented” and “erotic.”
The court found that drag shows featured at The Woodlands Pride and Abilene Pride festivals did not meet this standard and remain fully legal. But shows that are “sexual in nature” and performed in front of minors can expose drag artists to fines and jail time, and may also result in venues being fined.
The ACLU of Texas says the decision is heartbreaking for drag performers, small businesses, and every Texan who believes in free expression.
“Drag is not a crime,” the Texas ACLU said in a joint statement. “It is art, joy, and resistance — a vital part of our culture and our communities. We are devastated by this setback, but we are not defeated. Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”
Attorney General Ken Paxton declared the decision a major victory.
“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” said Paxton. “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.”
The district court’s injunction against prosecutors in Travis County and Bexar County remains in effect since they did not appeal, and the district court’s reasoning for why S.B. 12 is unconstitutional has not been disturbed. The legal team is exploring next steps as this case continues.
The American Civil Liberties Union of Texas and Baker Botts LLP filed the lawsuit in August 2023 on behalf of the plaintiffs: The Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, 360 Queen Entertainment LLC, and drag performer Brigitte Bandit.
