Tuesday 15 September 2026
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Federal Judge Strikes Down Texas Drag Show Ban for Second Time, Citing First Amendment

Texas Attorney General Ken Paxton vows appeal, calling ruling 'profoundly flawed' and 'an affront to Texas values'

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A federal judge has for the second time struck down a Texas state law banning drag performances in settings where children may be present, ruling that the measure improperly restricts speech and violates the First Amendment of the U.S. Constitution.

In a ruling issued on Tuesday, U.S. District Judge David Hittner granted a permanent injunction against enforcement of the law, which was passed by the Republican-controlled Texas Legislature in 2023. The law prohibited drag shows in public spaces or anywhere minors could be present, defining drag as performances that involve "male or female impersonators" who exhibit "a sexually suggestive or provocative character."

Judge Hittner found that the statute was unconstitutionally overbroad and vague, targeting expressive conduct protected by the First Amendment. He noted that the law could be applied to a wide range of performances, from school plays to charity events, and that the state had not provided sufficient evidence that drag shows inherently harm children. The ruling follows an earlier injunction Hittner issued in 2023 against a similar law, which the state revised and re-enacted.

Texas Attorney General Ken Paxton immediately condemned the decision. "This is a profoundly flawed decision that endangers our children and is an affront to Texas values," Paxton said in a statement. He indicated that the state would appeal to the Fifth Circuit Court of Appeals, arguing that the law is a reasonable regulation of sexually explicit content rather than a restriction on speech.

Supporters of the ban, including conservative advocacy groups, argue that drag performances often contain lewd or sexualized elements inappropriate for children and that the state has a compelling interest in protecting minors from such material. They point to incidents where drag performers have engaged in sexually suggestive acts in front of children as justification for the law.

Civil liberties groups, including the ACLU of Texas, praised the ruling. "This law was a clear attempt to silence LGBTQ+ expression under the guise of child protection," said an ACLU spokesperson. "Drag is a form of artistic and cultural expression, and the state cannot ban it simply because it makes some people uncomfortable." LGBTQ+ advocates argue that the law was part of a broader wave of anti-LGBTQ+ legislation in conservative states, targeting transgender rights and drag performances specifically.

The ruling comes amid a national debate over drag shows and children. Several other states, including Tennessee, Florida, and Montana, have passed similar laws, some of which have also been blocked or struck down by courts. Legal experts expect the Texas case to eventually reach the U.S. Supreme Court, which has not yet ruled directly on drag show bans. The case could clarify the limits of states' ability to regulate speech based on sexual content and the protection of minors.

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Analysis

Why This Matters

  • The ruling reinforces First Amendment protections for drag performances, a form of expression increasingly targeted by conservative legislatures.
  • It sets a precedent for similar laws in other states, potentially influencing ongoing litigation in Tennessee, Florida, and elsewhere.
  • The case could reach the Supreme Court, shaping the legal boundaries of regulating expressive conduct involving minors.

Background

Texas first passed a drag show ban in 2023. Judge Hittner issued a temporary restraining order and later a preliminary injunction, finding the law likely violated the First Amendment. The state revised the law and re-enacted it in 2025, narrowing its definitions but still banning drag in places where children "could be" present. Tuesday's ruling permanently blocks that revised version. The state has argued that the law targets obscene or sexually explicit conduct, not speech, but courts have consistently found drag to be expressive activity.

Key Perspectives

Judge David Hittner: The law is overbroad and vague, suppressing protected speech; the state failed to prove a compelling interest in banning drag shows in all settings where children might be present. Texas Attorney General Ken Paxton: The law is a necessary child protection measure; drag shows in front of children are inherently harmful; the ruling is an overreach that ignores community standards. Civil Liberties Groups (ACLU, Lambda Legal): The law discriminates against LGBTQ+ expression; drag is a legitimate art form; the state cannot criminalize performances based on subjective discomfort or moral disapproval. Parents and Conservative Advocates: Children should not be exposed to sexualized performances; the state has a compelling interest in regulating what children see; the law is a reasonable time, place, and manner restriction.

What to Watch

  • Whether the Fifth Circuit upholds or overturns the injunction on appeal.
  • If the U.S. Supreme Court accepts a future petition, which could produce a national ruling on drag show bans.
  • The fate of similar laws in Tennessee (currently blocked by a different federal court) and other states.
  • Whether Texas lawmakers attempt a third version of the law with further revisions.

Sources

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