A federal judge has, for a second time, struck down a Texas state law banning drag performances in settings where children may be present. US district judge David Hittner issued a ruling on Tuesday, stating that Texas cannot enforce its drag show ban.
Judge Hittner determined that the measure improperly restricts speech and violates the First Amendment of the US constitution. The Texas ban, known as Senate bill 12, was passed in March 2023 and aimed to prohibit drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children.
Advocacy groups had previously sued the state after the bill's passage, arguing it infringed on constitutional rights. Texas Attorney General Ken Paxton, who had resumed enforcing the law earlier this year after an appeals court unblocked an initial ruling, said he would appeal the latest decision. Paxton stated the decision "endangers our children and is an affront to Texas values."
In his ruling, Judge Hittner noted that the terms used in the legislation were so broad they could potentially block performers like Lady Gaga or Miley Cyrus from performing in the state. He also suggested that the law's vagueness could lead to everyday activities such as cheerleading or live theatre being regarded as violations.