An appeals court on Thursday upheld a Texas law that limits certain performances, including those involving sexual prosthetics. The ruling overturns a previous lower court decision against Senate Bill 12 (S.B. 12).
S.B. 12 grants local governments the authority to regulate "sexually oriented" performances when necessary to protect public health, safety, or welfare. The law also prohibits children from being near such performances.
Texas Attorney General Ken Paxton called the appellate decision a "victory" for protecting children from "erotic" drag shows.
"I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances," Paxton said. "It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court."
Several drag and LGBTQIA+ organizations challenged the law in court, arguing it was excessively broad and vague, violating First Amendment rights. They contended that the law unfairly targets drag performances as a censored form of expression.
The groups stated in their complaint that the law "unconstitutionally singles out drag performances as a disfavored form of expression."
The appeals court’s decision marks a significant development in Texas’s effort to regulate drag performances, sparking ongoing debate over freedom of expression and child protection.