HOUSTON – A federal judge has declared a law passed in 2023 by the Texas Legislature which restricted some public drag shows unconstitutional for the second time.
U.S. District Judge David Hittner reaffirmed a previous ruling which declared Senate Bill 12 unconstitutional on Tuesday. This ruling means the state cannot enforce the law.
This is Hittner’s second time ruling on the law. Hittner originally ruled the law unconstitutional in September 2023 only for the 5th U.S. Circuit Court of Appeals to unblock the law in 2025. The case was then sent back to Hittner to reassess.
In his judgement, Hittner states that Senate Bill 12 is unconstitutional because it violates the First Amendment protection to freedom of speech. It further states that this is a permanent and final judgement.
In the ruling, Hittner states that SB 12 is overly broad in its definitions of performance and nudity. He also goes on to describe SB 12 as “unconstitutionally vague”.
Hittner argues the vague and broad definitions in SB 12 could lead to situations where athletes, comedians, cosplayers at conventions, or Dolly Parton or Elvis Presley impersonators could potentially face legal consequences.
“The vast majority of the law’s numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” Hittner wrote.
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