NEWS
Federal Judge Temporarily Blocks Texas Ban on Drag Shows
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A federal judge on Thursday issued a temporary injunction against a law restricting “sexually oriented performances” that was scheduled to go into effect on Friday.
Although the law does not target drag shows by name, state and local politicians have said that is the purpose of the law.
When the bill passed earlier this year, Lt. Gov. Dan Patrick in a statement said its passage had been a “top priority” for him.
“It is shocking to me that any parent would allow their young child to be sexualized by drag shows. Children, who cannot make decisions on their own, must be protected from these sexually-oriented drag shows now occurring more and more in front of them,” Patrick said.
The American Civil Liberties Union (ACLU) of Texas filed the lawsuit on behalf of several drag performers, arguing the new law “threatens their livelihoods, censors their freedom of expression, and vilifies an artform that has roots going back millennia.”
The ACLU said the law is “vague, overbroad, and censors free expression.” It bans any performance that could be perceived as “sexual” on public property when a minor is present. The law calls for criminal penalties against violators including up to one year in jail.
“It is inappropriate for the state to paint drag as ‘adult content’ when drag is as varied as theater and movies and can be for audiences of all ages,” plaintiff Jason Rocha, The Woodlands Pride President, said in a statement.
“If people do not like drag, no one is forcing them to watch it. This temporary decision gives us hope that the court will allow LGBTQIA+ Texans to keep expressing ourselves and supporting each other through drag shows and Pride festivals,” Rocha said.
“If the Texas legislature really cares about protecting kids, it should focus on gun shows, not drag shows. I’ve never heard of a drag show killing a kid or causing mass death. The legislature needs to do its job and focus on what matters, and policing drag shows isn’t it,” said attorney and law lecturer Danny Karon, who is not involved in the case.
“In the supposed name of the law, the Texas legislature is assaulting the First Amendment right to free expression. Sure, the First Amendment isn’t absolute — for instance, it doesn’t protect against incitement, fighting words, and obscenity. But I’ve seen no proof that drag shows check these boxes,” Karon said.
“Drag shows are merely harmless and expressive entertainment that the Texas legislature is demonizing for partisan gain,” Karon said. “Thankfully, the judge saw through this ploy and enjoined enforcement of this dangerous and discriminatory law.”
TMX contributed to this article.
