Federal Judge Strikes Down Texas Drag Performance Ban

PUBLISHED Aug 26, 2026, 12:00 AM ET

A federal judge in Houston has declared Texas Senate Bill 12 unconstitutional for a second time, halting state enforcement of restrictions on public drag performances. U.S. District Judge David Hittner entered the permanent judgment, ruling that the statute violates First Amendment protections for freedom of speech. The legal challenge was brought by LGBTQ+ advocacy groups and drag performers who sued Texas state officials following the enactment of the law. Plaintiffs argued the definition of sexually oriented performance was overly broad and unconstitutionally vague, chilling protected expression across the state. Hittner previously blocked the law in September 2023, though that injunction was later set aside by the Fifth Circuit Court of Appeals, allowing enforcement to resume temporarily. In his written decision, Hittner noted that statutory definitions could theoretically penalize constitutionally protected events like sports games and art exhibitions. Texas Attorney General Ken Paxton criticized the ruling, announcing his office will appeal.

By Daniel Hayes | JQJO News

Media Bias

Articles Published:: 31
Right Leaning:: 5
Left Leaning:: 8
Neutral:: 18

Explain Framing

Left: Emphasizes civil rights protection, free expression victory, and LGBTQ+ safety. Center: Focuses on legal technicalities, judicial precedent, and appellate court history. Right: Stresses parental rights, protection of minors, and judicial overreach concerns.