Federal Judge Again Strikes Down Texas Drag Show Law As Unconstitutional
Federal Judge David Hittner on Tuesday, August 25, 2026, struck down Texas's 2023 drag-performance law as unconstitutionally vague and blocked its enforcement statewide.[1]
Hittner's 34-page order said the law's "sexually oriented" nudity standard was so vague it could criminalize performers such as Dolly Parton or Elvis impersonators.[1] The suit was brought by drag performer Brigitte Bandit and by Extragrams LLC and 360 Queen Entertainment LLC, and Attorney General Ken Paxton defended the law.[1] Hittner characterized affected performances as constitutionally protected speech and suggested critics could "just don't go" to shows instead of relying on criminal penalties.[1]
Texas lawmakers passed Senate Bill 12 in May 2023 and Gov. Greg Abbott signed it in June 2023, expanding the definition of illegal "sexually oriented performances" and adding civil and criminal penalties. Bandit and the production companies sued Attorney General Ken Paxton in August 2023, and Hittner first blocked the law with a permanent injunction on Sept. 26, 2023. The 5th U.S. Circuit Court of Appeals overturned that injunction in February 2026, told Hittner to revisit central issues, and allowed the law to take effect in March 2026.
Under SB12, venue operators could face civil fines up to $10,000 per violation, and performers could be charged with a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine.
The mainstream summary does not mention the broader implications of the ruling, particularly the cultural and political context surrounding the legislation. Law professor Mark Satta argues that the proliferation of anti-drag legislation in Republican-led states reflects a viewpoint discrimination against expressive conduct associated with drag, often framed under the guise of child protection but failing constitutional scrutiny due to vagueness and overbreadth. This perspective highlights a significant trend in state-level legislation that the summary does not address, suggesting that the ruling is part of a larger cultural polarization regarding gender and sexuality norms.
Additionally, the summary downplays the potential impact of the law's vagueness, which the ruling emphasized could classify mainstream performers like Dolly Parton as engaging in illegal activities. This raises concerns not only for drag performers but also for a wide array of artistic expression, as noted by Houston Chronicle reporter John W. Ferguson, who pointed out the ruling's implications for performers in general. Such insights suggest that the legal battle over SB 12 is emblematic of a more extensive struggle over First Amendment rights in the face of evolving cultural norms.
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📊 Relevant Data
Texas Senate Bill 12 imposes a civil penalty of up to $10,000 per violation on any person controlling commercial premises who allows a sexually oriented performance in the presence of a minor under 18, and a Class A misdemeanor for performers engaging in such performances on public property or in the presence of a minor (punishable by up to one year in jail and a $4,000 fine).
Findings of Fact and Conclusions of Law, Case No. 4:23-cv-02621 — U.S. District Court, Southern District of Texas
SB 12 took effect in Texas in March 2026 after the Fifth Circuit lifted the initial injunction, remaining enforceable until the August 2026 district court ruling.
Federal judge strikes down Texas law restricting drag performances — Houston Public Media
📌 Key Facts
- On Tuesday, August 25, 2026, Judge David Hittner issued a 34-page order striking down Texas's 2023 drag performance law for the second time.
- Hittner ruled the law's "sexually oriented" nudity standard was unconstitutionally vague and could criminalize performances by drag artists and impersonators such as Dolly Parton or Elvis acts.
- The suit was brought by drag performer Brigitte Bandit and companies Extragrams LLC and 360 Queen Entertainment LLC, with Attorney General Ken Paxton defending the law.
- The 5th U.S. Circuit Court of Appeals had previously lifted Hittner's initial permanent injunction in February 2026 and told him to revisit central issues, leading to this new ruling.
- Hittner characterized affected performances as constitutionally protected speech and suggested opponents simply avoid shows rather than rely on criminal penalties.
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