Beyond the 806
Federal Judge Again Rules Texas Law Banning Drag Shows with Children in Attendance Unconstitutional - thetexan.news
A federal judge in Houston has ruled for the second time that Texas Senate Bill 12, which would have banned drag performances attended by anyone under 18, violates the First Amendment. Judge David Hittner, a Reagan appointee serving in the Southern District of Texas, wrote that the law "is an UNCONSTITUTIONAL restriction on speech." The bill was authored by state Sen.
Judge David Hittner, a Reagan appointee serving in the Southern District of Texas, wrote that the law "is an UNCONSTITUTIONAL restriction on speech." The bill was authored by state Sen. Bryan Hughes and signed by Gov. Greg Abbott in 2023. The ACLU and other plaintiffs sued shortly after it passed, and Hittner sided with them.
For Lubbock, the ruling carries real weight. West Texas has seen its own local debates over drag events in recent years, and SB 12 had given some local officials and venue operators reason to restrict or reconsider programming. With this ruling standing, Texas cities cannot use that law to block or penalize performances based on the age of the audience.
People here who either supported the law or opposed it are now back where they started, with no state statute to enforce and no clear legislative fix on the horizon. The state could appeal, and the legal fight may not be over.
Common questions
What did the federal judge rule about Texas's drag show ban?
- Judge David Hittner ruled that Texas Senate Bill 12 is unconstitutional because it violates the First Amendment. This is the second time he has struck down the law, which was signed by Gov. Greg Abbott in 2023 and would have banned drag performances attended by anyone under 18.
How does this ruling affect Lubbock and West Texas?
- Texas cities, including those in West Texas, can no longer use SB 12 to restrict drag performances. Lubbock venue operators and local officials who had limited or reconsidered programming based on the law no longer have that legal basis to do so.
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