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National/ News/ Top Stories

Federal Judge Strikes Down Texas Ban On Drag Shows

Gary Carnivele September 2, 2026

NBC News reports:

A federal judge in Texas struck down a 2023 state law Tuesday that sought to restrict drag shows, ruling it was unconstitutional.  U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment of the Constitution.

The ruling prevents state Attorney General Ken Paxton, who is running for the Senate, from enforcing the law and denies his motion for a new trial.

In the ruling, Hittner also had advice for “those who find such activities as described in this case offensive.” “The solution is relatively simple … just don’t go,” he wrote.

The state law would fine business owners who were found to be in violation up to $10,000 for hosting events, while performers could be charged with a Class A misdemeanor, which could result in up to one year of jail time.

The Texas Tribune reports: 

The ruling described SB 12 as overly broad in its definitions of performance and nudity, stating that provocative cosplay at conventions, swimming athletes or Dolly Parton and Elvis impersonators could potentially be penalized under the law.

“The vast majority of the law’s numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” Hittner wrote.

The suit was originally filed against Texas Attorney General Ken Paxton, two counties three district attorneys and one county attorney by two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and longtime Texas LGBTQ+ rights activist. After the 5th Circuit’s ruling, the two pride groups were removed as plaintiffs and Paxton was left as the sole defendant, which Hittner said satisfied the higher court’s instructions.

The judge is a Reagan appointee.

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