Texas drag performers feel relief after Senate Bill 12 struck down - TCU 360

U.S. District Judge David Hittner ruled the law unconstitutional for a second time, again blocking Texas Attorney General Ken Paxton from enforcing it. Hittner first struck it down in September 2023, finding it violated the First Amendment, but the 5th U.S. Circuit Court of Appeals let the law take effect anyway and sent the case back to him for another look. The law had been in force since March, so any venue in Lubbock booking a drag show has been operating under its restrictions for months.

Dallas-Fort Worth drag performer and lawyer Cecil B. Deville said the law had left performers fearful before the decision came down. Bars and venues around Lubbock that book drag brunches or late-night shows had been navigating the same legal uncertainty as performers in bigger metro areas, without knowing whether a show could trigger enforcement.

For now, the ruling removes that threat. Performers and venues in Lubbock can book and run shows without worrying about SB 12 charges hanging over them, at least until the state decides whether to appeal again.

A law struck down twice by the same judge still managed to stay in effect for months in between.