Texas lift the block on 2023 "drag ban" bill
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Texas can now enforce a 2023 law prohibiting “sexually oriented performances”, including certain drag shows.
Back in September 2023, a federal district court found the Texas law violated the U.S. Constitution and did not advance on free-speech grounds, according to district judge David Hittner’s ruling.
But on Thursday, the Fifth Circuit reversed the decision and allowed it to go back into effect.
Senate Bill 12 criminalizes shows where a performer is nude or appeals to the “prurient interest in sex” in a public setting where minors might be present. Also known as “the drag ban,” the bill was designed to ban sexually oriented performances where minors could potentially be present.
While drag shows are not specifically mentioned in the bill, critics argue that the language is too vague regarding the types of performances the legislation applies to, and that it could target others, like gender non-conforming people and those with LGBTQ+ identities.
When the bill was first introduced, Texas Gov. Greg Abbott celebrated his plans to use the law to prohibit drag performers in a June 2023 X post, writing, “Texas Governor Signs Law Banning Drag Performances in Public. That’s right.”
Texas Governor Signs Law Banning Drag Performances in Public.
— Greg Abbott (@GregAbbott_TX) June 25, 2023
That's right.
https://t.co/eC7OqElsbU via @metroweekly
Venues that choose to host these performances can be fined up to $10,000. Meanwhile, performers found violating the bill can be charged with a Class A misdemeanor, which may result in up to a year in jail or a $4,000 fine.
Several LGBTQ+ organizations filed a lawsuit upon its introduction in 2023, including the ACLU of Texas which called the ruling “heartbreaking.”
"Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities," the plaintiffs said in a statement. "We are devastated by this setback, but we are not defeated. Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”
Brigitte Bandit, a non-binary queen from Texas, is named as one of the performers in a lawsuit and are calling on the public to keep supporting the artistry amid the targeted attacks.
"please be aware that this 'drag ban' only applies to certain types of performances where minors can be present," Bandit informed viewers on Instagram. “Drag story times are still legal, drag shows are still legal,” she said.
“Book and support your local drag. We need it now more than ever.”
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