Texas Drag Ban Law: Fifth Circuit Reinstates Review

The Fifth Circuit revived Texas' drag ban law (SB 12), ordering a narrower First Amendment review. The law, framed as targeting "sexually oriented performances," faces ongoing legal challenges.

The other plaintiffs, consisting of The Woodlands Satisfaction and the Abilene Pride Alliance, were found not to have standing due to the fact that their family-oriented occasions did not interest the “prurient passion in sex.”

The three-judge panel located that just one complainant, San Antonio– based 360 Queen Home entertainment, had standing to test the law. The court stated 360 Queen’s shows, that included “twerking,” substitute contact between entertainers and audience participants, and the use of prosthetics to “overemphasize sexual characteristics,” can arguably fall under the statute.

Senate Expense 12, authorized by Republican politician Gov. Greg Abbott in 2023, makes it a criminal activity to host or do a “sexually oriented efficiency” in public or in the existence of minors. It never ever mentions drag, state leaders framed it as a drag ban. Lt. Gov. Dan Patrick called it an effort to “ban youngsters’s direct exposure to drag programs,” and costs author Sen. Bryan Hughes claimed it targeted “raunchy performances like drag programs.”

Background: Senate Bill 12

The U.S. Court of Appeals for the Fifth Circuit on Thursday abandoned a reduced court ruling that obstructed Texas’s Us senate Costs 12, the state’s debatable “sexually oriented performances” law, and bought a narrower evaluation, resuming among the country’s most very closely watched lawful fights over drag and LGBTQ+ expression.

Fifth Circuit Court Ruling

The panel stated Hittner should reconsider the situation under the U.S. High court’s Moody v. NetChoice criterion, which enables facial First Modification tests only if a law’s unconstitutional applications “substantially outweigh” its valid ones.

The judgment notes a sharp turn from a September 2023 decision by united state Area Judge David Hittner, who struck down S.B. 12 as an unconstitutional constraint on cost-free speech. At the time, Hittner composed that the law “impermissibly infringes on the First Amendment and cools complimentary expression,” noting its vague language might criminalize whatever from drag tale hours to movie theater efficiencies.

Dissenting Opinion

Court James L. Dennis dissented partly, alerting that the majority “disregards to the Texas Legislature’s avowed purpose: a statewide ‘drag restriction.'” He pointed to legislative documents and public remarks from Texas officials such as Gov. Greg Abbott and Lt. Gov. Dan Patrick, who celebrated the law’s flow as a ban on drag programs.

Reporter Christopher Wiggins

Christopher Wiggins is The Supporter’s elderly national reporter in Washington, D.C., covering the junction of public law and politics with LGBTQ+ lives, including The White Residence, United State Congress, Supreme Court, and federal companies. He has actually created several cover tale accounts for The Supporter’s print magazine, profiling numbers like Delaware Congresswoman Sarah McBride, longtime LGBTQ+ ally Vice Head of state Kamala Harris, and ABC Greetings America Weekend anchor Gio Benitez. Wiggins is devoted to intensifying unimaginable tales, especially as the 2nd Trump administration’s plans impact LGBTQ+ (and specifically transgender) legal rights, and can be reached at christopher.wiggins@equalpride.com or on BlueSky at cwnewser.bsky.social; whistleblowers can securely contact him on Signal at cwdc.98.

It never discusses drag, state leaders mounted it as a drag restriction. Lt. Gov. Dan Patrick called it an effort to “ban kids’s exposure to drag shows,” and costs author Sen. Bryan Hughes said it targeted “sexually explicit efficiencies like drag shows.”

Christopher Wiggins is The Advocate’s senior national reporter in Washington, D.C., covering the intersection of public policy and national politics with LGBTQ+ lives, consisting of The White House, United State Congress, Supreme Court, and federal companies.

Christopher Wiggins is The Advocate’s senior national press reporter in Washington, D.C., covering the intersection of public policy and politics with LGBTQ+ lives, consisting of The White Residence, U.S. Congress, High Court, and government companies. He has actually written multiple cover tale profiles for The Supporter’s print magazine, profiling figures like Delaware Congresswoman Sarah McBride, long time LGBTQ+ ally Vice President Kamala Harris, and ABC Greetings America Weekend break support Gio Benitez. Wiggins is dedicated to magnifying unknown stories, especially as the second Trump administration’s policies effect LGBTQ+ (and specifically transgender) civil liberties, and can be reached at christopher.wiggins@equalpride.com or on BlueSky at cwnewser.bsky.social; whistleblowers can securely contact him on Signal at cwdc.98.

The Fifth Circuit bulk differed, writing that “none of the trial proof shows that the efficiencies are ‘in some sense sexual,'” and concluded that many complainants failed to prove their events were “perhaps proscribed” under the regulation.