Full Breakdown
Federal Judge Blocks Texas Drag-Performance Law
8/28/2026, 8:16:23 AM
Core Ruling and Legal Reasoning
On August 25, U.S. District Judge David Hittner issued a permanent injunction barring Texas Attorney General Ken Paxton from enforcing Senate Bill 12. Hittner held that the statute’s prohibition on “sexually oriented performances” in public places or before minors is unconstitutionally vague and violates the First Amendment because it targets expression based on content and viewpoint.
Background & Context
Senate Bill 12, signed by Governor Greg Abbott in June 2023, was promoted as a “drag ban” despite not naming drag. Hittner first found the law unconstitutional in September 2023; the Fifth Circuit reversed that decision in November 2025, allowing enforcement until the August 25 injunction restored the earlier block.
Key Figures & Groups
- David Hittner — U.S. District Judge.
- Ken Paxton — Texas Attorney General.
- Brigitte Bandit — Austin drag performer and plaintiff.
- American Civil Liberties Union of Texas — Plaintiffs’ counsel.
- Texas Family Project — Conservative group opposing the ruling.
Timeline
- June 2023 – Gov. Abbott signs SB 12.
- September 2023 – Judge Hittner issues first injunction.
- November 2025 – Fifth Circuit vacates injunction.
- August 25 – Judge Hittner issues permanent injunction.
Data & Statistics
- SB 12 allows civil fines up to $10,000 for businesses hosting prohibited performances.
- Performers face a Class A misdemeanor, up to one year in jail and a $4,000 fine.
- The statute applies to any “sexually oriented performance” on public property or in the presence of anyone under 18.
Official Statements & Responses
Ken Paxton called the decision “profoundly flawed” and announced an immediate appeal. The ACLU of Texas hailed the ruling as a victory for free speech. Judge Hittner’s opinion stressed that the law fails to give a reasonable person notice of prohibited conduct, rendering it facially invalid. Brigitte Bandit posted the decision on social media, asserting that drag is protected expression.
Criticism & Opposition
The ACLU of Texas described SB 12 as a “targeted attack on LGBTQIA+ Texans,” citing its vague language. Brady Gray of the Texas Family Project condemned the ruling, noting it is the second time Hittner has struck down legislation aimed at protecting children.
On-the-Ground Reports
Following the injunction, Bandit announced plans to perform a Dolly Parton tribute at an Austin bar, referencing the judge’s citation of Parton in his opinion.
Conflicting Reports & Gaps
Sources agree SB 12 does not explicitly name drag but was promoted as a “drag ban.” Outlets differ on whether the law also covers “cheerleading, dancing, live theatre.” No data on prior enforcement actions were provided.
Verbatim Quotes
- “We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair.” — ACLU of Texas
- “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
- “A single moment of eroticism could condemn an entire performance,” — David Hittner
What’s Next
Ken Paxton has filed a notice of appeal and will seek reversal of the August 25 injunction before the Fifth Circuit. The appellate decision will determine whether SB 12 can be reinstated.
