NEW ORLEANS — The U.S. Court of Appeals for the Fifth Circuit today reversed a lower court ruling that blocked Texas Senate Bill 12 (88R), a state law restricting “sexually oriented performances,” including certain drag shows. Although S.B. 12 was declared unconstitutional, the law is now in effect.
In September 2023, a federal district court found the law violated the U.S. Constitution under five independent grounds and issued a permanent injunction preventing it from taking effect statewide. Today, the Fifth Circuit remanded the case back to the district court for further analysis on one of those five issues, without addressing the other reasons underpinning the district court’s decision.
The Fifth Circuit explained that S.B. 12 only applies to drag shows that are “sexually oriented” and “erotic.” The court found that drag shows featured at The Woodlands Pride and Abilene Pride festivals did not meet this standard and remain fully legal. But shows that are “sexual in nature” and performed in front of minors can expose drag artists to fines and jail time, and may also result in venues being fined.
This law is in effect for the first time after being blocked for over two years. The district court’s injunction against prosecutors in Travis County and Bexar County remains in effect since they did not appeal, and the district court’s reasoning for why S.B. 12 is unconstitutional has not been disturbed. The legal team is exploring next steps as this case continues.
Joint statement from the ACLU of Texas and plaintiffs in The Woodlands v. Paxton:
“Today’s decision is heartbreaking for drag performers, small businesses, and every Texan who believes in free expression. Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities. 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.”
The American Civil Liberties Union of Texas and Baker Botts LLP filed the lawsuit in August 2023 on behalf of the plaintiffs: The Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, 360 Queen Entertainment LLC, and drag performer Brigitte Bandit.
For more information on S.B. 12’s provisions, visit: https://www.aclutx.org/sites/default/files/sb12_knowyourrights_twopager.pdf (note that this has not yet been updated to reflect today’s ruling).
Access a copy of the decision here: https://www.aclutx.org/sites/default/files/2025-11-06_published_opinion_dckt_.pdf
If you or anyone you know are directly impacted by this law, please reach out to us at: https://intake.aclutx.org/
