The American Civil Liberty Union of Texas has announced a lawsuit attempting to stop a recent law prohibiting sexually explicit performances from occurring in the presence of minors.
The ACLU argues that the law is targeting LGBTQ people and would undermine the artistic expression of drag.
“We’re suing to stop Texas’ drag ban from taking effect September 1,” the ACLU of Texas announced. “Drag and other forms of artistic expression are protected under the First Amendment — and we won’t let politicians get away with this cruel attempt to push LGBTQIA+ Texans out of public life.”
“Texas politicians are using hate and fear to criminalize drag and the businesses and nonprofits that support it — simply because the art form is associated with the LGBTQIA+ community,” the activist group continued.
“This is offensive and wrong. Drag can take many forms for audiences of all ages,” the ACLU claimed.
“Texas’ drag ban is an unconstitutional attack on the free expression of ALL Texans,” the group alleged. “The drag ban could decimate local businesses that host these performances and deter artists from even coming to our state.”
The lawsuit, filed in a Houston U.S. District Court, argued that the law “unconstitutionally singles out drag performances as a disfavored form of expression.”
“In its zeal to target drag, the Legislature also passed a bill so yawning in scope that it criminalizes and restricts an enormous swath of constitutionally protected activity, including theater, ballet, comedy, and even cheerleading,” the filing added.
People were quick to point out, however, that Senate Bill 12 did not ban drag but rather prevented children from witnessing or attending “sexually oriented performances.”
Brady Gray, president of advocacy group the Texas Family Project, responded to the ACLU, “Texas banned ‘sexually oriented performances’ in the presence of minors. That’s what you’re opposing.”
“It’s not a surprise that the ACLU is the advocacy arm for groomers and pedophiles,” he alleged. “[Texas Family Project] is proud to be standing in your way and we welcome the fight.”
SB 12 describes “sexually oriented performances” as including “the exhibition or representation, actual or simulated of sexual acts, including vaginal sex, anal sex, and masturbation.”
Under the law, “a person commits an offense if … the person engages in a sexually oriented performance: on public property at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child.”
The law itself does not have the words “drag” or “ban” anywhere in its text.
Rep. Jared Patterson (R-Frisco) defended the law, saying, “Sexual performances are not acceptable forms of expression in front of or entertainment for children. Adults used to agree on such things, but the far left sees our young children as opportunities for self-gratification.”
“It’s evil, it’s disgusting and it will be met with the same resistance Texans have shown throughout our storied history of fighting oppression,” he asserted. “The [ACLU of Texas] is a radical entity and the enemy of all Texans who cherish wholesome family values.”
“Through a number of endeavors, they are seeking to protect those who wish to sexualize and destroy our children through pornographic materials in public schools, dangerous and irreversible medical procedures to ‘transition’ a child’s gender, and through explicit performances in public places where children are present,” he concluded.” We must fight back.”
Nonetheless, Sarah Kate Ellis, president of the LGBTQ activist group GLADD, claimed, “The attempt by Texas lawmakers to ban drag is a dark and shameful attempt at pushing away queer art and expression from the public and would have negative effects not just on the LGBTQ community and drag performers but on countless small businesses across the state.”
This lawsuit is one of several arising from legislation passed in the recent 88th session of the Texas Legislature.
As reported by The Dallas Express, a Texas law prohibiting book vendors from selling books that are deemed sexually explicit to school libraries has been sued, and a law banning child sex alteration procedures is also facing a legal challenge.