A federal judge in Texas ruled on Tuesday that the state’s ban on drag performances was unconstitutional, blocking it from going into effect. District Judge David Hittner determined in his preliminary injunction against the ban that it infringes on the First Amendment and chills free speech. This decision follows a temporary restraining order on August 31 that postponed the bill’s original implementation date of September 1.
Earlier in June, Texas Governor Greg Abbott ratified the ban, Senate Bill 12 (SB 12), under the law. SB 12 aimed to target “sexually oriented performances” on public property and in front of children under the age of eighteen. However, LGBTQ+ advocates were apprehensive that SB 12 could criminalize drag performances, against a backdrop of increasing anti-LGBTQ+ legislation in the US
The ACLU Texas and Baker Botts LLP challenged the ban’s constitutionality in August by launching a lawsuit. They argued that SB 12 was overly broad, ambiguous, and provided inadequate notice of its limitations. Additionally, they suggested that the ban endows police, prosecutors, municipalities, counties, and the Texas Attorney General with excessive discretion to censor expressive activity, cancel events, and impose penalties that include up to a year in prison or fines amounting to $10,000.
Brigitte Bandit, a drag performer and co-plaintiff in the case, stated, “I am relieved and grateful for the court’s ruling. My livelihood and community have seen enough hatred and harm from our elected officials. This decision is a much needed reminder that queer Texans belong and we deserve to be heard by our lawmakers.”
Supporting her sentiments, Brandt Thomas Roessler, a senior associate at Baker Botts LLP, announced, “I’m glad that the court recognized the constitutional rights of our clients, drag performers, and their patrons, and protected their rights to freely express an art form particularly important to LGBTQ+ people.”
For further details about the court’s decision, visit the original article here.