If you want to avoid seeing a drag show, the solution is remarkably simple. Just don't go.
That was the blunt advice offered by U.S. District Judge David Hittner, who struck down Texas Senate Bill 12 for a second time, permanently blocking the state from enforcing its controversial restrictions on drag performances. Passed back in 2023 amid a wave of conservative legislation targeting LGBTQ+ expression, the law sought to penalize "sexually oriented performances" on public property or anywhere minors might be present.
It turns out that writing a statute broad enough to target drag artists while pretending not to target drag artists creates a legal disaster. The federal court's decision exposes the core flaw of these culture-war statutes: they run headfirst into the First Amendment.
Why the Law Was Doomed From the Start
Senate Bill 12 never explicitly used the word "drag." Lawmakers knew that naming the art form directly would make it an easy target for equal protection challenges. Instead, the text focused on prosthetics, suggestive dancing, and vague definitions of "prurient interest".
That clever drafting backfired. By leaving definitions so loose and open-ended, the state wrote a law that could theoretically criminalize harmless mainstream entertainment.
Judge Hittner pointed out the absurdity in his ruling. He noted that the statute's wording is so vague it could sweep in routine artistic and athletic expressions. Cheerleading, high school dance routines, community theater, and concerts could all face civil or criminal penalties.
To underscore the point, the court invoked cultural icons like Elvis Presley and Dolly Parton. Parton, whose death was announced on the exact day of the ruling, was famously critiqued throughout her career as a voluptuous sex symbol due to her flamboyant clothes and presentation. Under a strict interpretation of Texas law, countless popular performances featuring similar flair could trigger penalties.
The Legal Ping-Pong Game
This isn't brand new territory. Hittner originally declared the law unconstitutional back in September 2023 after advocacy groups like the ACLU of Texas filed a lawsuit on behalf of local performers and businesses.
For a couple of years, the ban remained tied up. Then, the Fifth U.S. Circuit Court of Appeals unblocked the legislation, sending the case back down to the district court for a closer look. That temporary window allowed Texas Attorney General Ken Paxton to resume enforcing the rules.
Performers lived under a cloud of legal anxiety for months. Plaintiffs like drag artist Brigitte Bandit—who frequently performs as Dolly Parton—testified about the chilling effect the law had on their livelihoods and freedom of expression.
This latest ruling sweeps that away, cementing a permanent injunction. Paxton immediately took to social media to call the decision flawed and promise an appeal, meaning this legal battle will likely find its way back to the Fifth Circuit.
What This Means for Free Speech Moving Forward
The broader pattern across the United States shows a familiar playbook. Several Republican-led states passed similar restrictions on drag and adult cabaret acts in 2023. Time and again, federal courts have stepped in to block them, noting that the government cannot ban speech simply because some segments of the public find it offensive.
Free speech protections do not disappear just because an audience dislikes a performance or finds it unconventional. When the state attempts to appoint itself the arbiter of acceptable culture, it usually overreaches.
For now, performers across Texas can breathe a sigh of relief. Drag shows, pride events, and public artistic expression remain protected under the Constitution, leaving lawmakers back at the drawing board with a failing strategy.
