A federal judge in Texas has struck down S.B.12, an anti-LGBTQ+ law that targets drag performers. U.S. District Judge David Hittner issued a ruling declaring S.B.12 to be unconstitutional. He issued a permanent injunction and therefore no state officials can enforce it. Hittner wrote in his ruling, “Drag shows express a litany of emotions and purposes, from humor and pure entertainment to social commentary on gender roles. There is no doubt that at the bare minimum, these performances are meant to be a form of art that is meant to entertain, alone this would warrant some level of First Amendment protection.” His ruling coincides with the prevailing sentiment that S.B.12 is a restriction on free speech and violates the First Amendment of the Constitution. This is an important victory in a state that has been leading the anti-woke crusade.
The bill, which Republican Governor Greg Abbott signed in June, originally gave penalties for performers who chose to wear clothes that didn’t “conform” to traditional gender presentation, whatever that means. The bill seemed virtually impossible to enforce and was designed to stoke anti-drag and anti-LGBTQ_ fervor. The language, however, was changed to ban “the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.” The bill also addressed actual or simulated sex acts and sexual conduct. One of the biggest supporters of S.B.12 was Lt. Governor Dan Patrick, who stated that passing the bill was one of his top priorities. Patrick has since posted on X, “#SB12, which restricts children from being exposed to drag queen performances, is about protecting young children and families. This story is not over. #txlege” Stay mad about it, Patrick!
While the bill didn’t explicitly ban drag shows in and of themselves, many worried it would be used to target these performers and trans people as a whole. S.B.12 focuses on performances, but of course, could be used to harass and punish members of the trans community. And who decides what is a performance? Does it have to be on a stage? Can you perform on the street? Laws like these only add to the fear that trans and gender non-conforming people already face. It’s a relief that the judge struck this law down because it was just going to provide an outlet for anti-LGBT individuals to enforce their personal grievances. These laws have continuously been proposed and passed by people who proclaim to support limited government and freedom. Judge Hittner’s language helps show that this is absolutely not the case; instead, these forms of overreach are against our fundamental rights as Americans.
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