Full Breakdown
Federal Judge Blocks Texas Drag-Performance Law for Second Time
8/27/2026, 8:20:53 AM
Core Event
On Tuesday, August 25, U.S. District Judge David Hittner permanently barred Texas Attorney General Ken Paxton from enforcing Senate Bill 12, a 2023 statute that criminalized “sexually oriented” performances in the presence of minors. Hittner ruled the law an unconstitutional restriction on speech, violating the First Amendment.
Background & Context
Senate Bill 12, signed by Governor Greg Abbott in June 2023, imposed civil fines of up to $10,000 on businesses that hosted such performances and classified the performers themselves as subject to a Class A misdemeanor with up to one year in jail. Although the bill never mentioned “drag,” legislators promoted it as a “drag ban” and framed it as a child-protection measure. The law was first blocked by Hittner in September 2023; the Fifth Circuit later revived it and sent the case back for further review, prompting the August 2025 decision that reinstated the injunction.
Key Figures & Groups
- David Hittner – U.S. District Judge, Southern District of Texas.
- Ken Paxton – Texas Attorney General and Republican U.S. Senate candidate.
- Brigitte Bandit – Austin-based drag queen and plaintiff represented by the ACLU of Texas.
- American Civil Liberties Union of Texas – Legal organization representing the plaintiffs.
Timeline
- 2023 – Texas Senate passes and Gov. Abbott signs Senate Bill 12.
- September 2023 – Judge Hittner issues an initial injunction, finding the law overly broad.
- November 2025 – Fifth Circuit vacates the injunction, directing further analysis.
- August 25 – Judge Hittner issues a second ruling, permanently blocking enforcement of the law.
Data & Statistics
- The statute authorized civil penalties of up to $10,000 per violation for business owners.
- Performers faced a Class A misdemeanor that could result in up to one year of incarceration.
Official Statements & Responses
- ACLU of Texas hailed the ruling as a victory for free expression and pledged to keep defending LGBTQIA+ Texans.
Criticism & Opposition
Texas officials, led by Paxton, argue the law was necessary to protect minors from sexual content. Paxton’s office maintains the statute targets “obscene” performances and that the ruling threatens children’s safety.
Verbatim Quotes
- “No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us,” — Brigitte Bandit, drag queen and activist
- “Because the term 'prurient interest in sex' is open-ended, S.B. 12 can be used to cherry-pick particular aspects of performances that might be 'in some sense erotic,'” — David Hittner, judge
What’s Next
Attorney General Paxton has filed an appeal, sending the case back to the Fifth Circuit and potentially to the U.S. Supreme Court. The ACLU of Texas says it will continue to monitor the litigation and defend the rights of LGBTQIA+ performers in Texas.
