HOUSTON — U.S. District Judge David Hittner today declared Texas Senate Bill 12 (2023) unconstitutional. The court blocked the Texas Attorney General from enforcing this law, which seeks to restrict certain drag performances and other “visual performances” that are “sexually oriented.”
The court originally declared this law unconstitutional in September 2023. In February 2026, the Fifth Circuit Court of Appeals ruled that the law could take effect for the first time after it had been blocked for over two and a half years while sending the case back to the district court for more analysis. The district court has now completed that analysis and reaffirmed that S.B. 12’s definitions are overbroad and vague such that the law potentially limits “countless exhibitions and events with an audience, including sports matches, cheerleading, and dance contests, karaoke, musicals, art exhibitions,” and more – and “a single moment of eroticism could condemn an entire performance to criminal or civil penalties.”
The American Civil Liberties Union of Texas and Baker Botts LLP originally 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. After the Fifth Circuit held that The Woodlands Pride and Abilene Pride Alliance did not have standing, they were dismissed from the lawsuit. Extragrams LLC, 360 Queen Entertainment LLC, and Brigitte Bandit remain in the lawsuit.
Quotes from the litigation team:
“Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” said Brian Klosterboer (he/him), senior staff attorney at the ACLU of Texas. “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background — are guaranteed the right to free expression. We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair.”
“I’m glad to see that the district court recognized the rights of drag performers to express their artistry,” said Brandt Thomas Roessler (he/him), senior associate at Baker Botts LLP. “Baker Botts is proud of its continuing commitment to pro bono work, including the advocacy of LGBTQ+ civil rights.”
Quotes from the plaintiffs:
“Drag has always been a form of free expression, and it is a relief that the court recognized that today,” said Brigitte Bandit (she/they), drag performer. “We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us.”
“At a time when the resilience of the U.S. Constitution is being tested, the LGBTQ community continues to be at the forefront of protecting freedom of expression. This ruling further demonstrates that drag is protected speech,” said Richard Montez (he/him), co-owner of 360 Queen Entertainment. “This is a major win for free speech, queer art, and every performer who refuses to be silenced. 360 Queen Entertainment celebrates this victory with pride.”
“Today, we get to celebrate a victory over an effort to intimidate our community into being quieter, smaller, and less visible,” said Kerry Lynn (she/her), founder and creative services director of Extragrams. “The root of this fight has always been discrimination disguised as concern. S.B. 12 was written in a way that created fear and confusion around drag — it discouraged bookings, pushed artists out of public spaces, and helped create a harmful narrative around a cherished art form rooted in joy, creativity and expression. At Extragrams, we’ve continued bringing drag into celebrations throughout this fight, and this decision affirms what we have said from the beginning: Our performers, our audiences, and our art have a rightful place in Texas communities.”
“Yaassss Queens! We did it; we defeated bigotry and preserved individuals’ rights to free expression,” said Verniss McFarland III (she/they), founder and executive director of The Mahogany Project. “This decision is a win our community needs at the moment and one worth celebrating. Our local drag entertainers and entertainers across the nation are the backbones of LGBTIA+ communities. Often supporting financially and civically to ensure the community and its people have the ability to shine like rhinestones.”
“Drag is art, drag is joy, and drag is protected expression,” said Brad Pritchett (he/him), CEO of Equality Texas. “Lawmakers cannot erase LGBTQIA+ people and this ruling is a win for all of us!”
Access the court order here: https://www.aclutx.org/app/uploads/2026/08/2026-08-25-Supplemental-Findings-Of-dckt-165_0.pdf
Access the final judgment here: https://www.aclutx.org/app/uploads/2026/08/Dkt.-166-Amended-Final-Judgment.pdf
Learn more about what this law covers here: https://aclutx.org/dragban
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