A federal appeals court has reinstated Texas’ 2023 law restricting sexually explicit performances in the presence of minors, reversing a Houston judge’s decision that had struck it down as unconstitutional.
The Fifth U.S. Circuit Court of Appeals, based in New Orleans, ruled Thursday that only one plaintiff — 360 Queen Entertainment of San Antonio — has standing to challenge the statute. The court said evidence showed that some of the company’s drag performances included “twerking,” lap contact with customers, and the use of prosthetics that “exaggerate sexual characteristics,” conduct that could be viewed as “in some sense erotic.”
All other plaintiffs — including The Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, and performer Brigitte Bandit — were dismissed for lack of standing because their family-friendly events did not appeal to a “prurient interest in sex.”
Extragrams, described in court filings as “a drag telegram company that provides drag entertainment for celebrations, events, and parties,” has performed not only in Austin but also in Dallas, Houston, San Antonio, Fredericksburg, Round Rock, and Pflugerville.
Law Designed To Protect Children
Senate Bill 12, signed by Gov. Greg Abbott in 2023, makes it a criminal offense to host or perform a “sexually oriented performance” in public or in the presence of minors. The law does not mention drag specifically, but Lt. Gov. Dan Patrick said it was intended to “ban children’s exposure to drag shows,” and bill author Sen. Bryan Hughes said it targeted “sexually explicit performances like drag shows.”
Supporters say the law simply reinforces long-standing standards that prevent children from being exposed to sexual content in public venues. Opponents have described it as an overreach into artistic expression.
Court Orders Narrower Review
Judge Kurt Engelhardt, writing for the majority, vacated the statewide injunction and ordered U.S. District Judge David Hittner to reconsider the case under the Supreme Court’s 2024 Moody v. NetChoice decision, which limits broad First Amendment challenges.
In a partial dissent, Judge James L. Dennis called the measure a “statewide ‘drag ban’” and warned that the majority’s “genuine doubt” about whether drag performances are protected expression “runs headlong into settled First Amendment jurisprudence.”
The opinion is The Woodlands Pride v. Paxton, No. 23-20480 (5th Cir. Nov. 6, 2025).