Summary (tl;dr)

A federal judge in Texas has, for the second time, blocked a state law that aimed to restrict drag performances in public and in the presence of minors, ruling it unconstitutional. This decision prevents Texas Attorney General Ken Paxton from enforcing the ban, which had been reinstated earlier this year.

Essential Background

In March 2023, the Texas Legislature passed Senate Bill 12 (SB 12), a law prohibiting "sexually oriented performance" on public property or where children under 18 might be present. Although the law did not explicitly mention "drag," it was widely understood to target drag shows. U.S. District Judge David Hittner initially declared the law unconstitutional in September 2023, issuing a permanent injunction to block its enforcement. However, the 5th U.S. Circuit Court of Appeals overturned this ruling in late 2025, allowing the law to take effect in March 2026 and sending the case back to Judge Hittner for reconsideration under specific instructions.

The Full Story

On Tuesday, August 25, 2026, U.S. District Judge David Hittner once again ruled Texas's Senate Bill 12 unconstitutional, issuing a permanent injunction against its enforcement. Judge Hittner found that the law improperly restricts free speech and violates the First Amendment of the U.S. Constitution, reiterating his previous findings. He argued that the law's definitions of "visual performances" and "prurient interest in sex" are overly broad and vague, potentially encompassing a wide range of activities beyond drag shows, such as cheerleading routines, dance contests, and even mainstream concerts. Attorney General Ken Paxton has announced his intention to appeal this latest decision.

Why It Matters

This ruling is a significant victory for LGBTQ+ advocacy groups and drag performers who argued that SB 12 infringed upon constitutional rights and stifled free expression. The decision halts the enforcement of a law that had been in effect since March 2026, allowing drag performances to continue without the previously imposed restrictions. It underscores ongoing legal and cultural battles in several states regarding censorship, free speech, and the rights of queer and transgender individuals, with the court emphasizing the potential for such broad legislation to impact a wide array of constitutionally protected expressive activities.

Geographic Location

• Houston, Harris County, Texas, United States (federal judge issued ruling)
• Austin, Travis County, Texas, United States (Texas Legislature passed Senate Bill 12)