HOUSTON — The new Texas law that drag show artists feared would put them out of business -- and possibly even behind bars -- was declared unconstitutional Tuesday by a federal judge in Houston.
The Southern District of Texas issued a permanent injunction blocking Senate Bill 12 from becoming law. The ruling stops the Texas attorney general and other government officials from enforcing any provisions of the so-called drag ban.
“Drag is not a crime, art is not a crime, speech is not a crime; and we’re glad the court recognized that,” The Woodlands Pride president Jason Rocha said.
“My livelihood and community has seen enough hatred and harm from our elected officials. This decision is a much-needed reminder that queer Texans belong and we deserve to be heard by our lawmakers," drag performer Brigitte Bandit said.
The American Civil Liberties Union of Texas filed the lawsuit in August on behalf of The Woodlands Pride, Bandit and other plaintiffs from across the state. During an injunction hearing and trial last month, plaintiffs testified that SB 12 "threatened their livelihoods, censored their freedom of expression and vilified an art form that has roots going back millennia," the ACLU said.
“Today’s ruling blocks a law that threatens some of the most cherished First Amendment freedoms we all hold dear,” ACLU of Texas attorney Chloe Kemp said. “As the court recognized, SB 12 is also vague, overbroad, and chills entire genres of performances that are not obscene or inappropriate, from high school Shakespearean plays to the Nutcracker ballet to the Dallas Cowboys cheerleaders.”
The CEO of Equality Texas took a shot at Texas Attorney General Ken Paxton and other state leaders who supported the ban.
“Drag performers aren’t using taxpayer money to support their real estate developer cronies; they aren’t using burner phones to hide their affairs; they aren’t punishing staff who speak out against them. Yet, drag performers are the ones that the Texas Senate decided to put out of a job?” Martinez said. “We should all be worried about why some Texas politicians want to control which doctors we see, what stories can be told in schools, and which performers have the right to practice their art. Lawmakers tried to use drag as a scapegoat to chip away at our First Amendment rights and we’re glad the court isn’t going to allow that to happen.”
There's been no response yet from Paxton or Texas Gov. Greg Abbott but we will update the story if we hear from them.
The state is expected to appeal the ruling.