A federal judge struck down Texas’s 2023 drag show law on Tuesday, ruling the state cannot enforce it because it violates the First Amendment and relies on overly broad definitions. The decision came from U.S. District Judge David Hittner, a Ronald Reagan appointee, according to reporting cited in the source from Courthouse News and NBC.
Why the judge said the law went too far
The measure, Texas Senate Bill 12, targeted “sexually oriented performance” presented in a business “in the presence of an individual younger than 18 years of age.” Hittner concluded the statute is both overly broad and an unconstitutional form of content and viewpoint discrimination, Courthouse News reported.
Courthouse News further reported that Hittner focused on the law’s reliance on terms such as “visual performances,” “nude,” and “prurient interest in sex,” and referenced famous performances to illustrate how the statute could sweep in mainstream acts. According to that account, Hittner wrote that public reactions to Elvis Presley’s “hip gyrations,” Dolly Parton’s image, and Miley Cyrus’s 2013 “twerking” show how “erotic” elements in countless popular performances could face penalties under SB 12.
In the ruling, Hittner also wrote that those who find such performances offensive have a simple option: “The solution is relatively simple… just don’t go.”
What the law allowed — and the penalties
Under SB 12, business owners faced fines up to $10,000 per event for violations, and performers could be charged with a misdemeanor punishable by up to a year in jail, according to the source. Plaintiffs included LGBTQ+ advocacy groups and drag performers who argued the law’s “sexually oriented performance” language was unconstitutionally broad, Courthouse News reported.
How the case got here
Hittner previously issued an injunction against the law in 2023. The Fifth Circuit Court of Appeals later overturned that injunction in late 2025, allowing Texas Attorney General Ken Paxton to resume enforcement while instructing the district court on how to reassess the statute, Courthouse News reported. NBC and other outlets cited in the source reported that Hittner’s new ruling again blocks enforcement and denies Paxton’s motion for a new trial.
The source also states that Hittner applied the framework from the U.S. Supreme Court’s Moody v. NetChoice decision.
Paxton says he will appeal
In a statement on X, Texas Attorney General Ken Paxton said he would immediately appeal, calling the ruling “a profoundly flawed decision that endangers our children and is an affront to Texas values,” and adding he would “continue to fight to protect our kids.”
The plaintiffs
One of the plaintiffs, a drag performer known as Brigitte Bandit, impersonates Dolly Parton, according to the source.
