HOUSTON — Should drag shows be banned in front of minors in Texas? The U.S. Fifth Circuit Court of Appeals is now hearing oral arguments over the fate of the Texas law, known as SB 12.
Last year, a lower court said SB 12 was unconstitutional, finding that it infringed on free speech, so currently it is not in effect here in Texas.
SB 12 prohibits sexually oriented performances that appeal to prurient interest of sex in front of minors. LGBT+ groups like Woodland's Pride, along with Drag Queen Entertainers, are suing Texas Attorney General Ken Paxton and half a dozen others to uphold that ban.
Wednesday's judges asked about traditional age protections on sexual materials.
"I've always said age limitations, movie ratings, R ratings, X ratings," said a judge.
"That is correct, Your Honor," the plaintiff's attorney said. "This law restricts performances even that have serious literary and other value."
The plaintiffs argue the law is overly broad and could extend to cheerleaders, theater shows, and political commentary. The Fifth Circuit Court has 17 judges, all of whom were scheduled to attend Wednesday's hearing.
Now, they'll take the arguments under advisement.