Texas law banning some drag shows is unconstitutional, federal judge rules

A federal judge in Texas declared on Tuesday that a state law that bans “sexually oriented performances” on public property and in the presence of anyone younger than 18 is unconstitutional.

Senate Bill 12 “impermissibly infringes on the First Amendment and chills free speech,” US District Judge David Hittner wrote in his ruling that blocked state authorities from enforcing the law.

The bill was signed into law by Republican Gov. Greg Abbott in June and went into effect on September 1. It states that “sexually oriented performances” are restricted on the premises of a commercial enterprise, on public property and in the presence of anyone younger than 18.

Without mentioning drag specifically, the law deemed sexual conduct as “the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.”

Hittner called SB 12 “substantially overbroad” and “unconstitutionally vague.”

“But even if SB 12 were not unconstitutionally vague, it would still fail due to it being an impermissible prior restraint on speech,” the ruling states.

Texas state Sen. Bryan Hughes, a Republican who sponsored the legislation, said he will to continue to fight for the legality of the bill.

“Surely we can agree that children should be protected from sexually explicit performances. That’s what Senate Bill 12 is about. This is a common sense and completely constitutional law, and we look forward to defending it all the way to the Supreme Court if that’s what it takes,” Hughes said in a post on X.

CNN has reached out to Abbott’s office for comment.

Brigitte Bandit, a drag performer and plaintiff in the case, said she was “relieved” by the injunction.

“My livelihood and community…