A federal judge in Texas has blocked enforcement of a 2023 state law restricting drag performances, ruling that Senate Bill 12 violates the First Amendment and is unconstitutionally vague.
U.S. District Judge David Hittner, a nominee of President Ronald Reagan, issued the decision on Tuesday, preventing Texas Attorney General Ken Paxton from enforcing the law. The ruling also denies Paxton’s motion for a new trial, ending a yearslong legal battle over the statute.
Key provisions of SB 12 would have imposed civil penalties of up to $10,000 on businesses hosting prohibited performances and criminal penalties of up to one year in jail for performers. The law defined prohibited performances as those appealing to a "prurient interest in sex" and gave counties and municipalities authority to regulate or ban such events.
In his 19-page ruling, Hittner argued that SB 12’s language was too broad and subjective, allowing officials to target performances based on personal interpretations of what constitutes sexual content. He highlighted the term "prurient interest in sex" as particularly problematic, stating it was undefined in Texas law and lacked a clear, objective meaning.
"Because the term ‘prurient interest in sex’ is open-ended, S.B. 12 can be used to cherry-pick particular aspects of performances that might be ‘in some sense erotic,’" Hittner wrote. He added that the law could subject an entire performance to penalties based on a single moment deemed erotic.
Hittner also criticized the law’s potential overreach, noting that it could apply to common public performances such as cheerleading, dancing, or live theater. He cited Dolly Parton as an example, suggesting her performances could meet the law’s definition due to her "flamboyant clothes and breast exposure."
The judge offered a direct response to supporters of the law, stating: "The solution is relatively simple ... just don’t go."
Legal and political context
SB 12 was first struck down by Hittner in 2023, but the 5th U.S. Circuit Court of Appeals returned the case to him in November 2024 with instructions to reassess it under a revised framework. The appeals court had previously lifted a pause on the law, allowing it to briefly take effect before Hittner’s latest ruling.
Texas is among several states that have passed legislation restricting drag performances in recent years. The law’s opponents argued it targeted LGBTQ+ expression, while supporters claimed it aimed to protect minors from sexually explicit content.
Paxton’s office did not immediately respond to a request for comment following the ruling.
Background on the law
SB 12 was introduced as part of a broader push by some state legislatures to regulate adult-oriented performances in public spaces. The law defined prohibited performances as those that "appeal to the prurient interest in sex" and included provisions for civil fines and criminal charges for violations.
Critics of the law, including civil rights organizations and LGBTQ+ advocacy groups, argued it was vague and discriminatory, while supporters, including social conservative groups, contended it was necessary to protect children from exposure to sexually explicit material.
The case reflects ongoing national debates over free speech, LGBTQ+ rights, and government regulation of public performances.
What happens next
With Hittner’s ruling, SB 12 cannot be enforced unless an appeal is successful. The decision does not preclude future legal challenges or legislative attempts to revise the law’s language to address constitutional concerns.