Texas can enforce its 2023 law restricting drag shows in front of children after a federal appeals court lifted a lower court order that had blocked the measure.
The U.S. Court of Appeals for the Fifth Circuit declined to revisit its earlier decision and removed the district court’s order preventing enforcement of Senate Bill 12 (S.B. 12). The ruling came in The Woodlands Pride, Inc. v. Paxton, No. 23-20480.
As previously reported by The Dallas Express, the Fifth Circuit ruled in November that most of the groups challenging the law did not have standing to sue and sent the case back to the lower court for further review.
What Changed
A federal trial judge had blocked the law from taking effect statewide.
That block is now gone.
The appeals court did not rule on whether the law is constitutional. Instead, it directed the lower court to reconsider the case under updated guidance from the U.S. Supreme Court.
With the district court’s order lifted, Texas Attorney General Ken Paxton (R-Texas) may enforce Section One of the law while the case continues.
What The Law Covers
Supporters describe S.B. 12 as a measure intended to prevent children from being exposed to certain performances they consider sexually explicit.
The statute does not use the word “drag.” It regulates what it calls “sexually oriented performances,” defined as visual performances involving nudity or specified sexual conduct that appeal to a “prurient interest in sex.”
The law allows the Attorney General to seek civil penalties of up to $10,000 per violation against businesses that permit such performances in front of children.
Opponents argue the law violates the First Amendment.
“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them,” ACLU of Texas attorney Brian Klosterboer said in a statement.
Abbott Responds
Gov. Greg Abbott (R-Texas) posted on X:
“Major victory for Texas kids
Texas codified common sense when we banned drag shows in front of children.
Today the federal court of appeals upheld that law.
Protecting Texas children is incontrovertible.”
Abbott thanked state Sen. Bryan Hughes (R-Mineola) and state Rep. Matt Shaheen (R-Plano) for sponsoring the legislation.
What Happens Next
The case returns to federal district court.
The judge must reconsider whether the law violates the First Amendment or is written too vaguely.
That decision will determine whether the statute ultimately stands.
