AUSTIN, TEXAS – MARCH 20: A Drag Queen performs during a show at the Swan Dive nightclub on March 20, 2023 in Austin, Texas. Controversy and debate over four bills seeking to restrict Drag shows in the state of Texas intensifies as lawmakers continue their proposals. Bills SB 8, SB 12, and SB1601 are scheduled for a hearing this Thursday. (Photo by Brandon Bell/Getty Images)
The Brief
A federal appeals court has cleared the way for a Texas drag show ban to take effect March 12.
The law bars sexually oriented performances in public where minors are present.
Businesses face $10K fines; performers could be charged with misdemeanors.
A Texas law banning certain drag performances which was previously blocked by a federal court will now be allowed to be enforced starting next month.
According to the new order from the United States Court of Appeals for the Fifth Circuit, a previous decision against the 2023 law was incorrect and has been vacated.
Texas drag show ban may proceed
The latest
The November 2025 decision by the appeals court reversed a decision that Senate Bill 12 of the 2023 legislative session was unconstitutional. Wednesday, the court withdrew that opinion and released a similar one, allowing the law to proceed.
The new opinion notes that the law is targeted specifically towards “sexually oriented” performances that feature a performer who “is nude” or “engages in sexual conduct,” and “appeals to the prurient interest in sex.” These types of performances aren’t allowed in front of minors in a public space. Cities and counties are allowed to regulate the performances.
As the law is defined, many of the previous drag show examples brought to the attention of the courts wouldn’t apply in practice, the appeals court decided. Most shows in the state shouldn’t be affected by the law.
Due to these limitations and definitions, the court decided that the previous decision of facial vagueness was misplaced. While the appeals court didn’t decide on SB 12’s constitutional standing, they vacated the previous decision and dismissed most prior claims.
What’s next
SB 12 will be enforceable starting March 12.
Texas limits certain drag shows
Why you should care
Now that the law will be enforced, businesses that allow shows which apply to the set standards could be fined $10,000, and performers who violate the law could be charged with a Class A misdemeanor.
Attorney General Ken Paxton, a defendant in the case, released a statement after the November ruling.
“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” he said. “It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court.”
The Source
Information in this article comes from a federal court decision, the Texas legislature and previous FOX Local reporting.