A federal judge in Texas granted a two-week restraining order Thursday halting a law aimed at restricting drag shows that was set to take effect on September 1, making this another semi-win for LGBTQ+ advocates challenging these types of bills across the country.
U.S. District Judge David Hittner temporarily prohibited state personnel from enforcing the law, siding with several LGBTQ+ organizations represented by the American Civil Liberties Union of Texas and Baker Boots LLP.
In a brief order, the court found the law in question—Senate Bill 12—most likely violated the First Amendment.
The plaintiffs and the state attorney general’s office will now have until Wednesday to present their legal and factual theories of the case to the judge before a final decision is made, the ACLU of Texas’ legal department told Forbes.
The Texas attorney general’s office told Forbes it “will pursue all legal remedies possible to aggressively defend SB 12, the state law that regulates such performances to protect children and uphold public decency.”
The law would bar “sexually oriented performances” on public properties and in front of minors in the state of Texas, resulting in civil penalties of up to $10,000 for business owners allowing such performances and criminal penalties of a Class A misdemeanor—which constitutes up to one year in jail and/or a $4,000 fine—for performers.
The law defines “sexually oriented performances” as nude performers, male performers dressing as female performers and vice versa and anything that encourages sex—it doesn’t explicitly mention drag shows, but supporters have referred to it as a drag ban.
The plaintiffs represented by the ACLU argued the law targets drag performances but also “criminalizes and restricts an enormous swath of constitutionally protected activity, including theater, ballet, comedy, and even cheerleading.”
“The people of Texas were appalled to learn of an increasing trend of obscene, sexually explicit so-called ‘drag’ performances being marketed to families with children,” a spokesperson for the Texas attorney general’s office told Forbes.
“This law was obviously unconstitutional from the day it was first proposed, and we are grateful that the court has temporarily blocked it,” ACLU Texas attorney Brian Klosterboer said in a statement.
Whether or not the judge will reach a final decision–and what that decision will be–within the next two weeks or extend the temporary restraining order another 14 days as he reviews the briefs submitted by defendants and plaintiffs.
S.B. 12 was passed overwhelmingly by Texas’ state legislature in May, and signed by Republican Gov. Greg Abbott in June. Other states that have bills meant to ban drag shows include Arkansas, Florida, Indiana, Montana, North Dakota and Tennessee. Like Texas, most of the bills have faced legal challenges and currently have court-issues bans. In fact, the ACLU of Tennessee filed a lawsuit claiming the anti-drag law of the state violates the first amendment by being unconstitutional and vague–the same argument the ACLU of Texas used to challenge S.B.12. In June, a federal judge halted the law from taking effect in one Tennessee county.
The temporary restraint on drag show bans in Texas comes the same day the Texas Supreme Court lifted a ban on S.B.14, the bill that prohibits gender-affirming care for transgender minors, such as hormones, puberty blockers and various surgeries, that will take effect on September 1.
Texas Supreme Court Allows Ban On Gender-Affirming Care Access—Here Are The Other Trans Health Restrictions Facing Court Battles (Forbes)
