A federal judge extended a temporary restraining order Wednesday to block a Texas law that bans “sexually oriented performances” from being held in the presence of minors.
The law, SB 12, was set to be enacted on September 1, but a federal judge granted a 14-day restraining order, which was then extended another 14 days this week as the court looks to issue a final ruling on the constitutionality of the ban.
“Regarding the irreparable harm element, the Court considers the impending infringement on the Plaintiffs [sic] constitutional rights sufficient irreparable harm to warrant enjoining S.B. 12 while a final judgment is drafted,” the judge wrote a day before the law was set to take effect. “… As to balance of harms and the public interest, the Court finds that the constitutional question at stake here causes the elements to favor the Plaintiffs.”
The American Civil Liberties Union of Texas challenged the law last month, arguing that the ban targets First Amendment-protected artistic expression in the form of drag shows.
“Today’s decision is another much-needed reprieve that prevents S.B. 12 from irreparably harming the rights and freedoms of all Texans, especially LGBTQIA+ Texans and the plaintiffs in this case,” said Brian Klosterboer, an attorney for the ACLU of Texas, celebrating Wednesday’s extension, per a press release. “Drag is a form of artistic expression protected under the First Amendment with roots dating back millennia.”
Gov. Greg Abbott expressed frustration earlier this month when the federal judge initially stopped the law’s implementation.
“Federal judge in Texas blocks a law I signed that bans sexually explicit drag shows in front of children,” Abbott tweeted. “This is absurd. We will fight to have this overturned & to protect our children from this indoctrination.”
Wow! Thanks for the banter everyone. To answer a few of your questions:
Q. How do I feel about child beauty pagents?
A. Never been to one. No plans to attend any.
Q. But, what about Hooters?
A. Been there once with adults. Would never take kids under 16 there.
Q. But what about…— JenX ?? (@Jen_X12) September 4, 2023
Texas has faced a series of legal challenges against laws that were set to be enacted this year, as reported by The Dallas Express. Such laws include a statute prohibiting school libraries from purchasing books deemed sexually explicit, a ban on sex alteration surgeries for minors, and a law requiring pornography websites to implement age-verification measures.