US District Judge David Hittner invalidated a Texas law prohibiting drag performances in settings accessible to minors, determining the measure violates constitutional free speech protections. The ruling, issued on Tuesday, marks the second time the judge has struck down Senate Bill 12, which the state legislature passed in March 2023. The law had banned drag performers from dancing suggestively or wearing certain prosthetics on public property or in venues where individuals under 18 years old might be present.
Advocacy organizations challenged the statute following its enactment, contending that the prohibition on “sexually oriented performance” infringed on First Amendment rights. The measure was one of several passed across states in 2023 amid broader political debates over LGBTQ+ rights and expression. Hittner previously found the law unconstitutional in September 2023, but the 5th US Circuit Court of Appeals reversed that decision in 2025, returning the case to the lower court and allowing enforcement to resume earlier this year under Texas Attorney General Ken Paxton.
In his current ruling, Hittner determined that the law’s definitions were excessively broad and would likely chill constitutionally protected speech. The judge noted that the statute’s terminology regarding performances that “appeal to the prurient interest” could restrict performances by artists like Lady Gaga or Miley Cyrus, and that everyday activities including cheerleading and live theater could potentially face civil or criminal liability. Hittner argued the law failed to provide reasonable notice of prohibited conduct.
Paxton stated he would appeal the decision, characterizing it as “profoundly flawed” and contrary to Texas values. Civil liberties organizations praised the ruling, with the Texas ACLU stating that all Texans are guaranteed free expression rights. Drag performers celebrated the outcome on social media, with one plaintiff announcing plans to perform in honor of Dolly Parton, the entertainer referenced in the judge’s opinion who died on Tuesday.
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