Beyond the 806
Texas’ limits on certain drag shows ruled unconstitutional again
A federal judge in Texas has struck down the state's restrictions on certain public drag shows for the second time, ruling again that Senate Bill 12 violates the First Amendment. U.S.
U.S. District Judge David Hittner first declared SB 12 unconstitutional in September 2023, just months after the Texas Legislature passed it. The 5th U.S. Circuit Court of Appeals later unblocked the law in November and sent the case back to Hittner with specific instructions on how to reassess it. The law had gone into effect while that legal process played out.
Hittner came back with the same answer. In his order Tuesday, he wrote that the appellate court's decision "did not disturb" his original ruling, aside from removing certain plaintiffs and defendants from the lawsuit. SB 12 is now unenforceable again.
For Lubbock, this matters. West Texas has seen its share of local debate over drag events in recent years, and the state law had given opponents a legal tool to challenge them. With that tool gone again, organizers of public drag performances across Texas, including here, are back on firmer legal ground, at least for now.
Common questions
What is Senate Bill 12 and why was it struck down?
- Senate Bill 12 was a Texas law restricting certain public drag shows. U.S. District Judge David Hittner ruled it unconstitutional twice, finding it violates the First Amendment. The law is now unenforceable again after Hittner reaffirmed his original 2023 ruling following a 5th Circuit review.
Didn't a court already block this law before?
- Yes. Judge Hittner first struck down SB 12 in September 2023, but the 5th U.S. Circuit Court of Appeals unblocked it in November and sent the case back for reassessment. Hittner reviewed it again and reached the same conclusion - the law is unconstitutional.
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