Fifth Circuit Court Upholds Drag Show Ban
S.B. 12, signed into law by Gov. Greg Abbott in 2023, prohibits businesses and venues from hosting performances deemed sexually explicit if children under 18 might attend. While the bill doesn't name drag shows outright, its origins targeted them, aiming to shield kids from what sponsors called "harmful" content.
A federal district judge in Houston struck it down in September 2023 as a First Amendment violation, but the Fifth Circuit's three-judge panel, led by Trump appointee Kurt Engelhardt, vacated that injunction, allowing the law to take effect.
The court protected certain non-sexual drag shows. But when it comes to more inappropriate drag shows, however, the Court was more skeptical, saying “We have genuine doubt, however, that pulsing prosthetic breasts in front of people, putting prosthetic breasts in people’s faces, and being spanked by audience members are actually constitutionally protected—especially in the presence of minors.”
Ultimately, the Court’s decision is a win for Paxton and Texan conservatives, who, like most normal people, do not think drag shows have any place in public spaces.
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