NEW ORLEANS — The U.S. Court of Appeals for the Fifth Circuit denied today a petition for rehearing in The Woodlands Pride v. Paxton and vacated the permanent injunction that has blocked this law for over two years. Texas Senate Bill 12 (88R), known as the Texas Drag Ban and passed in 2023, is now scheduled to take effect for the first time on March 18, 2026. The 5th Circuit will send the case back to the district court for more analysis.
In making this decision, the 5th Circuit emphasized that family-friendly and all-ages drag performances remain fully legal in Texas, since the drag shows at The Woodlands Pride and Abilene Pride Alliance’s events are not even “arguably proscribed” by the statute. The judges did not rule on the constitutionality of the law’s restrictions on “sexually oriented performances.” Instead, the 5th Circuit is sending the case back to the district court for more analysis based on recent Supreme Court cases.
The following statement can be attributed to Brian Klosterboer (he/him), senior staff attorney at the ACLU of Texas:
“The 5th Circuit's decision does not fully address the district court’s well-reasoned analysis for why the Texas Drag Ban is unconstitutional under five independent grounds. While allowing this law to take effect for the first time, the 5th Circuit made clear that family-friendly and all-ages drag shows remain fully legal in Texas.
“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling. Because this law remains unconstitutional, we look forward to continuing this case before the district court and encourage anyone who is impacted by the law to reach out to us. Drag in Texas is here to stay.”
Access the court’s opinion here: https://www.aclutx.org/app/uploads/2026/02/2026-02-25-Published-Opinion-dckt-.pdf
Access our drag ban fact sheet here: https://www.aclutx.org/app/uploads/2026/02/KYR-S.B.-12-Drag-Ban-Factsheet-1-1.pdf
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The Woodlands Pride, Inc. et al, v. Warren Kenneth Paxton, et al
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