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Federal Judge Rules Texas Law Restricting Drag Performances Unconstitutional

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Key takeaways:

  • A federal judge has ruled that a Texas law that would have restricted drag performances is unconstitutional.
  • The law did not specifically cite drag performances, but LGBTQ advocates feared it was intended to criminalize the art form and repress their freedom of expression.
  • The ruling has been celebrated by LGBTQ advocates, who argued that the law would have had a chilling effect on drag performances and other forms of expression.

A federal judge has ruled that a Texas law that would have restricted drag performances is unconstitutional.

U.S. District Judge David Hittner ruled on Tuesday that Senate Bill 12, which would have prohibited performers from dancing suggestively or wearing items “that exaggerate male or female characteristics” in front of minors, is in violation of the First Amendment.

The bill, which was signed into law by Governor Greg Abbott, did not specifically cite drag performances, but LGBTQ advocates feared it was intended to criminalize the art form and repress their freedom of expression.

In his ruling, Judge Hittner wrote that “the Court sees no way to read the provisions of S.B. 12 without concluding that a large amount of constitutionally protected conduct can and will be wrapped up in the enforcement of S.B. 12.”

The ruling has been celebrated by LGBTQ advocates, who argued that the law would have had a chilling effect on drag performances and other forms of expression.

“This ruling is a victory for the LGBTQ community and for all Texans who value the freedom of expression,” said Sarah Kate Ellis, president and CEO of GLAAD. “Drag performers are artists, and they deserve the same protections as any other artist.”

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