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3h ago

Federal Judge Permanently Blocks Texas Law Limiting Drag and Other Performances

Hittner ruled SB 12 vague and overbroad, saying its undefined terms could chill protected speech and invite appellate review

Over 300 activists and supporters marched from the Bexar County Courthouse to Crockett Park in “March for Us,” San Antonio's third annual celebration of Transgender Day of Visibility, on March 29, 2025, in San Antonio.
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Texas Attorney General Ken Paxton walks outside the U.S. Capitol building on Capitol Hill, in Washington, D.C., U.S., June 3, 2026.
The ruling comes after an appeals court set aside an earlier decision blocking the law, allowing it to take effect in March.

Overview

  • U.S. District Judge David Hittner, who issued the order Tuesday, permanently enjoined Texas Attorney General Ken Paxton from enforcing Senate Bill 12 and barred the state from applying its civil and criminal penalties.
  • Hittner found the 2023 law unclear about key terms such as “visual performance” and “prurient interest,” and said that vagueness could let officials punish many non-obscene acts.
  • The law bans “sexually oriented performances” on public property or before anyone under 18 and carries fines up to $10,000 for businesses and possible Class A misdemeanor charges for performers.
  • This decision follows a multi-year fight in which Hittner first blocked the law in 2023, the Fifth Circuit later returned the case to him and allowed the law to take effect in March, and Hittner has now again stopped enforcement.
  • Plaintiffs including drag performer Brigitte Bandit and entertainment businesses argued the law chilled expression after state leaders publicly framed the measure as targeting drag, and the ruling could prompt new appeals from Texas officials.